Q: Can the first offenders act be used for a felony case? (For over $500 theft)
Case was shoplifting at Walmart in Cobb county in aug 2023. The defendant had over $500 in goods which is why it’s considered a felony. The defendant has no prior convictions and is technically a state resident although he is from Michigan. He has no previous convictions in Michigan as well.
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A:
In Georgia, the First Offender Act can indeed be applied to certain felony cases, including cases of theft over $500. The Act allows a defendant, who has not previously been convicted of a felony, to plead guilty or be found guilty without having a felony conviction formally entered into their record.
For your case involving shoplifting at Walmart in Cobb County, the First Offender Act could be a viable option. Since the defendant has no prior convictions in Georgia or Michigan, they may qualify under this Act. It’s essential for the defendant to express interest in this option and for their attorney to file a request with the court.
Under the First Offender Act, if the defendant successfully completes the terms of their sentence, including any probation or restitution, the felony charge will not appear as a conviction on their criminal record. However, if the terms are violated, the court can enter an adjudication of guilt and impose a sentence according to the law.
It's important to discuss this option with a knowledgeable attorney. They can provide guidance on the likelihood of qualifying for the First Offender Act and help navigate the legal process.
Remember, the First Offender Act is designed to give individuals a second chance and avoid the long-term consequences of a felony conviction. Considering the potential impact on the defendant's future, exploring this option could be beneficial.
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