Canton, GA asked in Criminal Law for Georgia

Q: Can I switch from drug court that I'm already in and use my first offenders to get regular probation?

It's my first offense ever. I was charged with possession of meth, heroin, cocaine and paraphernalia. All the amount were less than a gram. My options were using my first offenders, conditional discharge 3 years, or drug court. I accepted the drug court and transferred the case to a county closer because they offered the vivitrol shot which is an opiate blocker and was free through the program. I've been in for a year and its helped greatly but it's nothing that I thought it would be. My question is can I switch and either use my first offenders to get probation or use the conditional discharge? I haven't plead in in this county, not sure if I did when I accepted drug court in the other county. I dont know if pleading in seals the deal or not. Could I switch and use either of those options at this point? Thanks!

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1 Lawyer Answer
Ecleynne Mercy
Ecleynne Mercy
Answered
  • Criminal Law Lawyer
  • Atlanta, GA
  • Licensed in Georgia

A: At entry the participant must sign a contract. This contract details all requirements and rules of the

accountability court program. So first review your contract with regards to alternative sentencing. However, in most

Felony Drug Court maintains a post‐plea structure and Defendants usually must enter a guilty plea to the offense for which he/she will seek to enter Drug Court before they enter the program. This plea outlines what will happen if you dont complete the program. So you may want to look into that first. Also if it's within the term of court you can make a motion to withdraw your plea, however, the court does not have to accept First offender plea.

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