Legal Question in Criminal Law in Georgia
First Offender
If an individual is convicted under first offender status and the probationary period has expired, can a judge deprive an individual of first offender discharge because of outstanding balance owed for probation fees. The individual's probation expired in 1999. The judge deprived the defendant of first offender discharge after the probationary period had expired. The defendant was unaware of any outstanding balances owed and was never notified. The defendant only became aware of the situtation after a background check in 2006.
1 Answer from Attorneys
Re: First Offender
Yes, 1st offender treatment can be removed anytime there is a violation of probation. Non-payment of fees is a violation of probationary terms. Therefore, although probation was scheduled to terminate it didn't.
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