Legal Question in Criminal Law in Georgia
GA First Offenders Act-
I used the 1st offenders act back in 1999 for a misdemeanor shoplifting charge- no violations- I recently have been charged w/ GA Code 16-13-78- ''Attempting to obtain dang. drugs by fraud or forgery'' when I attempted to get a RX for Adderall XR filled for a friend that was forged unknowingly by me- (no prior felonies or drug/DUI charges)- Can the 1st Offender Act be used in this case since it isn't related to ''theft'' charges or can that only be used one time for any offense regardless of how much time has elapsed since the first time the 1st offenders was used? I am terrified of the Judicial System here in Henry Cty.- PLEASE HELP!
1 Answer from Attorneys
Re: GA First Offenders Act-
You can only use the 1st Offender Act once, whether it was for a misdemeanor or a felony. However, you may be eligible to enroll in drug court or pre-trial diversion, which will ultimately end up in dismissal of the charge.
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