There are two types of First Offenders—Regular First Offender and Drug First Offender. To qualify for First Offender, you must not have a prior felony conviction, you cannot be charged with a violent felony, you must be advised of the advantages and disadvantages of pleading First Offender, and you must ask the judge for it. The judge will review your record and consider all of the surrounding circumstances before allowing you to be placed on First Offender probation. You are not entitled to First Offender status—this is purely at the judge’s discretion.
Regular First Offender:
Unless you commit a violent crime, you may qualify for First Offender probation. The advantage of First offender probation is that if successfully completed, for most eventualities, there is no conviction on your record. However, there is a potential downside to First Offender probation. Let us assume that your offense has a potential sentence of 15 years. You receive a sentence of 8 years First Offender Probation. If you violate any of the terms and conditions of your probation, the judge can revoke, modify, or continue the probation. The downside is that the judge can enter an adjudication of guilt. If he does so, he can not only revoke your probation, he can sentence you up to the full sentence allowed by law. In this example, that would be a sentence of 15 years less credit for any amount of time served on probation. As compared to if you were sentenced to regular probation of 8 years, and if you violated your probation, the most the judge could revoke is the balance you have remaining.
Drug First Offender:
Like regular First Offender, you can only plead Drug First Offender once, for your first offense. This involves deferred adjudication, which means that if you have not been convicted of a prior drug offense, the judge can place you on probation and can require you to undergo rehabilitation including medical treatment for up to three years. If you successfully complete this probation, the charges are dismissed. However, if you violate your probation, the court may find you guilty and sentence you accordingly. One immediate benefit is that your Georgia driver's license will not be suspended.