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Can My First Offender Be Reinstated

Asked Nov 26, 2008, 04:58 PM — 1 Answer
Ok, Here's the thing. I've been on state probation for 4 years with 4 more to go. I took first offender on my original charge. 2 and a half years ago, I was charged for felon with a firearm. So I was brought to a revocation hearing. I hired a good attorney and it wound up instead of me getting any time, or them extending my probation, the judge thought it would be fair just to take my first offender from me. The thing is, it was a bogus charge in the first place and only reason I was revocated was because you don't have to be convicted of the crime, they can revocate you strictly from testimony from what they believe to be a credible witness. Anyways, its been two and a half years, I am now on non reporting probation, and I have never been brought to court on the gun charge itself, I only went to a revocation for probation. So being I was never convicted. Is it possible I could go back in front of the judge and request for him to reinstate my first offender. I would like to go back to college and in a lot of career paths, even if you graduate with a degree, you still may not be employed because of the record. My attorney, which I talked to today, says that he would research it and see what we could do, says we can tell the judge about how this is going to ruin my life, about my goals and what not and basically, it would still all depend on the mood the judge was in. He wants to charge me 1200 bucks to do this. Should I pay the attorney and risk losing my money. Or is it actually possible the judge could reverse it for me?

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JudyKayTee Posts: 45,370, Reputation: 23523
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Nov 27, 2008, 06:11 AM
Quote:
Originally Posted by outlawofanother View Post
Ok, Here's the thing. I've been on state probation for 4 years with 4 more to go. I took first offender on my original charge. 2 and a half years ago, I was charged for felon with a firearm. So I was brought to a revocation hearing. I hired a good attorney and it wound up instead of me getting any time, or them extending my probation, the judge thought it would be fair just to take my first offender from me. The thing is, it was a bogus charge in the first place and only reason I was revocated was because you don't have to be convicted of the crime, they can revocate you strictly from testimony from what they believe to be a credible witness. Anyways, its been two and a half years, I am now on non reporting probation, and I have never been brought to court on the gun charge itself, I only went to a revocation for probation. So being I was never convicted. Is it possible I could go back in front of the judge and request for him to reinstate my first offender. I would like to go back to college and in a lot of career paths, even if you graduate with a degree, you still may not be employed because of the record. My attorney, which I talked to today, says that he would research it and see what we could do, says we can tell the judge about how this is going to ruin my life, about my goals and what not and basically, it would still all depend on the mood the judge was in. He wants to charge me 1200 bucks to do this. Should I pay the attorney and risk losing my money. Or is it actually possible the judge could reverse it for me?


The Attorney knows the legal climate, laws in your State and area far better than anyone else here - "we" can sort of guess but the Attorney has the facts.

Apparently your arrest involved a firearm and I don't know how Judges in Georgia view that.
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