Legal Question in Criminal Law in Georgia
whats the difference between first offender and withheld judgment?
2 Answers from Attorneys
There's a huge difference. But this forum is not for hypothetical questions. What actually happened?
First Offender refers to the First Offender Act for Probation which hold the conviction in abeyance and after the successful completion of probation the charge is dismissed. If unsuccessful, even it is the last day and last hour of probation, can result in punishment to maximum extent allowed under law as if no probation had been served at all. Withheld Judgment could mean several different things, but most likely is referring to sometype of diversion program where you perform the requirements of probation before you are convicted the case is dismissed. It is similar to First Offender but generally looks like a dismissal on your criminal history instead of "Disposition: Act for First Offender Probation" which most people who look at your criminal history just assume is a conviction by another name.
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