You may use the First Offender Act in Cartersville if you qualify for this type of program. Generally, individuals qualify if they do not have past charges on their record and if they do not face certain criminal charges, like serious felony allegations.
A Cartersville criminal defense lawyer will need to review the specifics of your situation to see if you qualify.
Can You Use the First Offender Act in Cartersville, GA?
You may take advantage of Georgia’s First Offender Act if you meet all eligibility criteria. According to state laws, you may qualify if:
- You do not have any past felony convictions in Georgia or any other state
- You’ve never been previously treated as a first offender
- You accept responsibility for the charges you face
Additionally, this program is not available to individuals who face certain severe charges, like kidnapping, murder, or rape.
Additionally, you can only qualify if:
- You are over 17 years old
- You voluntarily want to apply for the diversion program
- You agree to adhere to drug screen directives
- You have a way to confirm your identity (like a government-issued ID)
- You are willing to waive some constitutional or statutory rights
- You agree to pay administrative fees and other costs
- You agree to supervision and certain mental health, drug, and alcohol screenings
- You complete any ordered community service obligations
An attorney can review your situation and help you determine if you can use the First Offender Act in Cartersville.
Can You Use the First Offender Act After a Conviction?
Yes, you may take a path to clearing a conviction from your record as a retroactive first offender. You may qualify as a Retroactive First Offender (RFO) if no one told you about your eligibility for the First Offender Act before your conviction.
An attorney will need to review your situation to see if you meet the requirements for this program. If your lawyer believes you qualify, they can ask the court to sentence you retroactively.
What Happens if the Court Grants Your RFO Request?
If the court agrees that you qualify as an RFO, it will remove your conviction and restrict your criminal history. You can truthfully and accurately say that you do not have any convictions on your record after going through the RFO process.
An attorney can give you more information about this program and your eligibility.
What if You Can’t Use the First Offender Act?
If you do not qualify for the First Offender Act, your attorney can explore other methods to resolve the charges you face. Depending on your circumstances, a lawyer may focus on:
Getting Your Charges Dropped
Sometimes, an attorney can push the court to drop the criminal charges you face after an arrest. If the court drops your charges, you will not face a conviction or any penalties.
Generally, the court will only dismiss charges if an attorney can show that the prosecution has insufficient evidence to prove guilt. The court may also set aside charges if an attorney can show that the police violated your rights when handling the legal process.
Getting Your Charges Reduced
In some situations, a lawyer may communicate with the prosecution and secure a plea bargain to reduce the charges you face. Accepting a plea bargain will require you to admit guilt to another charge, but, in exchange, you will face lessened penalties.
Your attorney can review your situation and help you determine if a plea deal represents your best option after an arrest.
Fighting Your Charges in Court
A criminal defense lawyer can also work aggressively to develop a defense to the charges you face. Allowing a lawyer to focus on your defense can improve your chances of securing a verdict in your favor if your charges go all the way to court.
You must review all the options available to handle your charges after an arrest. A lawyer needs to thoroughly study your situation to provide information about the strategies that could assist you.
Talk to Us About the First Offender Act in Cartersville
So, can you use the First Offender Act in Cartersville? You may qualify if you do not have any previous convictions and you meet all other eligibility requirements.
Our team at Speights Law can review your situation and see if you qualify for this program. We can also review other methods to resolve your charges after an arrest, like getting your charges reduced or dismissed.
We have over 122 years of combined experience that we can draw on to assist with your defense. You can rely on us to put you first, providing personalized services as we help you understand your legal options and protect your rights. Schedule a consultation today.
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