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Question: In the State of GA, there is a" 1st Offender Act" for a 1st time felony charge and a 1st time felony drug charge (O.C.G.A. 16-13-2 a,c). Is a Superior Court Judge permitted to use his discretion as to which drugs apply and don`t apply for a defendant asking for 1st offender treatment on a 1st time felony drug charge??
(A Superior Court Judge is said to have denied the 1st offender treatment O.C.G.A. 16-13-2 a,c- to any defendant that is charged with a 1st time felony drug charge for all other drugs EXCEPT marijuana in Henry Cty, GA) The other Henry Cty Superior Court Judges do not do this in their Court rooms with these types of cases- wouldn`t this be considered "discrimination" of some sort? This is WRONG. If anyone who is willing to take the challenge in finding an answer for this, could you please also cite the O.C.G.A. annotation(s) for this?? PLEASE? Thank You-

Answer: There is no challenge in the question. The judge has absolute discretion in granting or denying first offender, except the judge CANNOT establish a policy of never granted a particular class of offenses ineligible. So, there may be some appeal, IF you can meet the challenge of getting the money to retain an attorney. 

Answered by Lawrence Lewis - Drug Defense Attorney in Lawrenceville


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Lawrence Lewis, P.C. is a criminal defense law firm focused on educating clients and their families on the criminal justice process, as well as working towards favorable resolution of criminal charges.


Criminal Defense Lawyer in Lawrenceville, GA

Lawrence Lewis P.C.
Phone: 678-407-9300
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Lawrenceville, GA 30046 Map
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