Q: Do you have to plead guilty to take a first offender plea
A: Yes, you must enter a guilty plea to take advantage of the First Offender Act. However, adjudication is withheld for the plea--that's a fancy way of saying "the court takes the plea, but doesn't formally enter it on the record" while the terms of the sentence are met. If you fail to meet the terms of the plea, the guilty plea you entered in the beginning is then adjudicated (i.e. entered into the record). If you succeed, the case is dismissed and the guilty plea is never recorded.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.