Americus, GA asked in Criminal Law for Georgia

Q: Do you have to plead guilty to take a first offender plea

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1 Lawyer Answer
Glenn T. Stern
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Answered
  • Criminal Law Lawyer
  • Atlanta, GA
  • Licensed in Georgia

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.

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