Q: Am I still eligible to receive a sentence as a First Offender under the First Offender's Act of Georgia?
I was charged for one felony offense in 2012. It is not a sexual offense. It is a non violent felony and my first felony ever. I opted to take it to trial and the jury returned a verdict of Guilty and I was sentenced to serve five (5) years. This was back in 2013. I was released from detainment this year (2017) and have no fines, fees, nor restitution to pay and have completed the sentence. However, there's no indication in the record and transcript that my court-appointed attorney informed me if I was eligible to receive a sentence under the First Offender's Act of Georgia under O.C.G.A. section 42-8-60. If I'd been made aware of my eligibility to receive a sentence under the First Offender's Act of Georgia, I would have considered this option. Prior to the current conviction I have never been under a first offender sentence. This is my FIRST felony conviction. Can I still go to the court and request to be placed under a First Offender sentence? See, O.C.G.A. 42-8-66.
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A: Possible, but not likely, in my experience. Select an attorney with extensive experience in that court.
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