Cumming, GA asked in Probate for Georgia

Q: In a plea bargaining/agreement can you ask for diversion?

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1 Lawyer Answer
Rachel Lea Hunter
Rachel Lea Hunter
Answered
  • Estate Planning Lawyer
  • Cary, NC
  • Licensed in Georgia

A: Probate deals with estates of dead people. You mean probation which is a criminal law issue. You should direct this question to your criminal law attorney.

You post no details and I don't want to know them because you may incriminate yourself and you don't want to post information about your issue on a public forum.

Generally, plea agreements dispose of the criminal offenses; sentencing is left up to the trial court. I assume by diversion (I have not done any criminal law in Georgia) that you are referring to some kind of program that is an alternative to sentencing in jail - it could be drug treatment for juveniles or something similar.

Again, sentencing is separate from the guilty plea. you should discuss with counsel whether Georgia allows for the imposition of an alternative method of punishment (besides jail or probation) for whatever offense you are charged with.

If you are asking the question for someone else then the accused needs to discuss with his/her criminal lawyer.

And if there is no criminal lawyer in the picture there should be.

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