Legal Question in Criminal Law in Georgia

Parity of first offender status between New Jersey and Georgia

I'm charged with 2 counts of felony shoplifting in Georgia; I currently reside in New Jersey. My arraignment is June 10. My public defender says that both the D.A. and judge are amiable to first offender status. He said, however, because there is no parity between the 2 states, I would have to move back to Georgia to take advantage of first offender status. I've been told ''probation is probation'' and it shouldn't make a difference. Quite a conumdrum, leave my career and family behind for a chance to keep this off my record or enter a plea. I've read about pre-trial diversion but couldn't find conclusive answers for the transferibility issue. Can someone please help?


Asked on 6/05/02, 1:16 am

1 Answer from Attorneys
Deric Beaudoin Mabry & McClelland, LLP

Re: Parity of first offender status between New Jersey and Georgia

as far as i know, probation is transferable. i just recently had a case where the defendant was from tennessee and the crime was committed here in georgia. we did a plea and had the probation transferred to tennessee. the d.a. has to be willing to cooperate a little bit but it can be done. the main thing is that you (the defendant) has a sufficient address and/or contact address in the "home" state so that the local probation office (georgia) may get in touch with the probation office in your home county in New jersey to set it all up. I don't know who your public defender is or where this case is pending but it would seem to me taht you might be able to get a better resolution than probation on a sholpifting case depending on your record. if first offender status has been discussed you must not have any priors. you can call me to discuss if you want. number is (478) 757-8111. good luck.

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Answered on 6/05/02, 3:31 pm


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