BF arrested for attempt to distribute (F) marijuana . Will he be able to get first offenders?

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He was previously arrested for gun charges in 2009 in the same county, but the case was closed and he was never convicted of those charges. He has had no other run ins with the law. He currently is still in Dekalb because we were unaware of his court date, but once we found out we missed it (7 days later), I took him to the Superior Court house to turn himself in. They arrested him then, (January 30th) and I just saw online that an Arraignment is scheduled for March 4th. First offenders still possible?

Attorney Answers

6
Joshua Mark GellerCriminal Defense AttorneyAtlanta, GA ·
Technically, if he has never been convicted of a felony then he will be eligible for either regular first offender or drug first offender. Ultimately, the decision as to whether he will receive first offender is up to the judge. I would highly recommend that you contact or hire a lawyer to represent him as soon as possible for the upcoming arraignment date. There are plenty of lawyers on this website who practice in DeKalb County.
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John Elbert ·
The judge will make the decision of whether or not he will be treated as a first offender.?He should talk to hi lawyer.
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Jody Sellers ·
He is eligible for first offender. He may also be eligible for a conditional discharge, which is now available in felony drug cases as it has been in misdemeanor cases for some time. Be sure to hire a criminal defense attorney as soon as possible. He may be able to get the charge reduced or dismissed based on the evidence in the case, so don't assume that he just needs to plead guilty. Best of luck.
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Steven Shewmaker ·
Yes, all of what has been said is correct. Let me add some nuance to it. You need an attorney, and your attorney needs to be fairly diplomatic and likeable. Here is why. As it is with most things in court, the judge has a great amount of discretion. The judge can grant your boyfriend first offender status or deny it. The judge's decision is final and not appealable. Now, the prosecutor cannot deny first offender, but he or she can argue strongly against the judge granting it. If the prosecutor argues against it, he or she will probably say that he was previously arrested for a gun matter, so he is no choir boy. No matter that the charges were dropped. The prosecutor will also say that your boyfriend was a previous no show in court, which is to say that he is irresponsible and untrustworthy. I’m not saying any of these things about your boyfriend is true. What I say is that you and your boyfriend need to be familiar with what the other side will say and you should hear it before you are hearing it in court. A good attorney is likeable enough to approach the prosecutor and try to persuade him or her to cooperate. If that fails, the attorney should be able to make the most persuasive arguments. When you hire an attorney, your attorney should answer your questions, explain the law, tell you the arguments the different sides will have and tell you how the matter will likely play out in court. As another said, many of us practice in DeKalb County and are happy to get involved. I hope this helps. Good luck.
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James Yeargan ·
If he has never been convicted of a felony he might be able to use his First Offender plea. The judge has sole discretion when it comes to accepting this plea. Depending on his record he may have better options available to him other than First Offender. As a side note, he needs to make sure he does not plead guilty to any marijuana charges because this will suspend his driver's license for a minimum period of 6 months, and this is a hard suspension meaning there is no limited permit for work, school, etc.
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