2021 Georgia Code
Title 42 - Penal Institutions
Chapter 8 - Probation
Article 3 - First Offenders
- § 42-8-60. Probation Prior to Adjudication of Guilt; Violation of Probation; Review of Criminal Record by Judge
- § 42-8-61. Defendant to Be Informed of Eligibility for Sentencing as First Offender
- § 42-8-62. Duty of Clerk to Transfer Information
- § 42-8-62.1. Limiting Public Access to First Offender Status; Petitioning; Sealing Record
- § 42-8-63. Effect of Discharge Under Article on Eligibility for Employment or Appointment to Office
- § 42-8-63.1. Discharges Disqualifying Individuals From Employment
- § 42-8-64. Appeal of Sentence Imposed Under Article
- § 42-8-65. Use of Prior Finding of Guilt in Subsequent Prosecutions; Modification of Records
- § 42-8-66. Petition for Exoneration and Discharge; Hearing; Retroactive Grant of First Offender Status; No Filing Fee
- For article, "The Meaning of a Misdemeanor in a Post-Ferguson World: Evaluating the Reliability of Prior Conviction Evidence," see 54 Ga. L. Rev. 927 (2020). For note, "Bailing on Bail: The Unconstitutionality of Fixed, Monetary Bail Systems and Their Continued Use Throughout the United States," see 52 Ga. L. Rev. 985 (2018).
JUDICIAL DECISIONS
Applicability.
- O.C.G.A. Art. 3, Ch. 8, T. 42 does not apply to the sentence for violent felonies outlined in O.C.G.A. § 17-10-6.1. Fleming v. State, 233 Ga. App. 483, 504 S.E.2d 542 (1998), overruling State v. Allmond, 225 Ga. App. 509. 484 S.E.2d 306 (1997).
Defendant found guilty of a serious violent felony under O.C.G.A. § 17-10-6.1 could apply for first offender status prior to the 1998 amendments to O.C.G.A. Art. 3, Ch. 8, T. 42. Fleming v. State, 271 Ga. 587, 523 S.E.2d 315 (1999), reversing Fleming v. State, 233 Ga. App. 483, 504 S.E.2d 542 (1998), reversing Fleming v. State, 233 Ga. App. 483, 504 S.E.2d 542 (1998). Horton v. State, 241 Ga. App. 605, 527 S.E.2d 254 (1999);.
Terms and conditions.
- Probation cannot be revoked for a violation of terms and conditions if there are no terms and conditions to the probation. Helton v. State, 166 Ga. App. 565, 305 S.E.2d 27 (1983).
Carryover to subsequent probation.
- When a first offender probation is revoked, that probation, and the probation's terms and conditions, is effectively eliminated, leaving nothing to be carried over to any subsequent probation. Helton v. State, 166 Ga. App. 565, 305 S.E.2d 27 (1983).
Sentence admissible in murder trial.
- At the sentencing phase of a murder trial, the state offered in aggravation an indictment, the defendant's plea of guilty to the indictment, and a sentence imposed under O.C.G.A. Art. 3, Ch. 8, T. 42 for the offenses of entering an automobile and theft by taking. This evidence was admissible, since evidence in aggravation is not limited to convictions, and reliable information tending to show a defendant's general bad character is admissible in aggravation. Williams v. State, 258 Ga. 281, 368 S.E.2d 742 (1988), cert. denied, 492 U.S. 925, 109 S. Ct. 3261, 106 L. Ed. 2d 606 (1989).
Cited in Puckett v. State, 163 Ga. App. 156, 293 S.E.2d 544 (1982); J.C. Penney Co. v. Miller, 182 Ga. App. 64, 354 S.E.2d 682 (1987).
OPINIONS OF THE ATTORNEY GENERAL
Applicability to misdemeanors.
- First Offender Act, O.C.G.A. § 42-8-60 et seq., is applicable to misdemeanor offenses. 2000 Op. Att'y Gen. No. 2000-1.
Competency to serve on jury.
- Person who has been placed on probation pursuant to the First Offender Act, O.C.G.A. § 42-8-60 et seq., does not become incompetent to serve on a grand or petit jury under Code Section15-12-60 either before or after being discharged without court adjudication of guilt. 1990 Op. Att'y Gen. No. U90-6.
"Conviction", as defined in the Drug-Free Public Work Force Act of 1990, O.C.G.A. § 45-23-3, does not include treatment under the Georgia First Offender Act, O.C.G.A. § 42-8-60 et seq., nor does it include a conviction based on a plea of nolo contendere. 1990 Op. Att'y Gen. No. 90-16.
