Q: After a mental health crisis, he is being charged with his first felony charges ever. is he eligible for the FOA in GA?
The client suffers from a documented history of mental health and substance abuse issues that were repeatedly verbalized as well as reporting worsening conditions after a head injury acquired from a motorcycle wreck in july. The incident resulted in charges for possession of a firearm during a crime, terrorizing threats or acts and simple battery family violence. He has never been violent nor been arrested or charged ever. He and the family had a inpatient treatment facility the following week after the incident for him to be admitted to. a verbal argument began between himself and fiance when he stated she could not leave the room and proceed to block the exit. After recognition of a nearby family member making a call to dispatch, he proceeded to make suicidal comments about the police having a shootout with him so he would die. He then retrieved his legally owned firearm and kept it in his waistband until he hid it under a sink. He corporated immediately He is sick not a criminal
A: If he has no prior criminal convictions, he should be eligible for first offender treatment. However, the judge ultimately has the final decision on whether to accept a first offender plea. Additionally, that may not be in his best interest especially if he is not in active treatment for his mental health issues. If he violates probation while under first offender treatment, he can be resentenced up to the maximum sentencing of his original offenses. He should speak with an attorney asap to discuss his options.
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