View Full Version : jail time served in Ga.


dasani57
01-25-2010, 05:15 PM
Hi, My friend was recently incarcerated for multiple things. One being child molestation, in which the child sent a statement to his lawyer saying nothing ever happened. The mother is trying to push it. Even though there is no evidence of anything happening. He was also convicted of manufacturing marijuana, possession of tools to commit a crime, and interference with custody. Right now he has a plea deal for 15 do 5 years. But his lawyer is trying to get the evidence suppressed, and he's trying to go on the first offenders act for the other 3 charges. (CAn he do that?) Anyway, He's trying to do all this before His next court date, which is his plea hearing. What are his chances of getting only probation, or having to serve very little time in jail. Will he actually have to serve all five years if thats what the final deal is? Please someone help me, this is all new to me and I'm very worried for him. Thankyou. All your help is greatly appreciated. :)

kiddsgirl4life
01-25-2010, 08:33 PM
Im not sure what to tell you...Im pretty sure that you can only accept the first offenders act on your first felony charge...This is only my opinion and my feelings alone on the first offenders act...I did that on my first felony I wish now (in hindsight) that I didnt...once he signs the first offenders act, if he gets into any kind of trouble after that the judge can pull the first offenders act and have him facing his original charge and can be sentenced the max time for his crime...

I think if he takes the plea 15 do 5 then he will do most if not all of the 5 yrs...

The best thing to do is consult with his attorney about all this...When defense attorney and DA start to negotiate the alot of things can change including the charges, for example; they can take the molestation charge and charge him with something less...But yea it's best to consult the attorney he can tell you about his strategy he's working plus all the scenerios of what he can be facing...

If he's never been in trouble before he may just get probation but the Ga DOC is so f*cked up there's no telling what can happen...

dasani57
01-26-2010, 02:22 PM
thank you. georgia is so screwed up. but yeah, these are his first offenses and he's not really guilty of child molestation.. anyways he has a pretty good lawyer and were both fighting for him so I like to get outside help when i can. thank you so much! (:

YourFriendlyDA
01-26-2010, 06:28 PM
Georgia's first offenders act is found in OCGA 42-8-60 and reads:

(a) Upon a verdict or plea of guilty or a plea of nolo contendere, but before an adjudication of guilt, in the case of a defendant who has not been previously convicted of a felony, the court may, without entering a judgment of guilt and with the consent of the defendant:

(1) Defer further proceeding and place the defendant on probation as provided by law; or

(2) Sentence the defendant to a term of confinement as provided by law.

(b) Upon violation by the defendant of the terms of probation, upon a conviction for another crime during the period of probation, or upon the court determining that the defendant is or was not eligible for sentencing under this article, the court may enter an adjudication of guilt and proceed as otherwise provided by law. No person may avail himself or herself of this article on more than one occasion.

(c) The court shall not sentence a defendant under the provisions of this article and, if sentenced under the provisions of this article, shall not discharge the defendant upon completion of the sentence unless the court has reviewed the defendant's criminal record as such is on file with the Georgia Crime Information Center.

(d) The court shall not sentence a defendant under the provisions of this article who has been found guilty of or entered a plea of guilty or a plea of nolo contendere for:

(1) A serious violent felony as such term is defined in Code Section 17-10-6.1;

(2) A sexual offense as such term is defined in Code Section 17-10-6.2;

(3) Sexual exploitation of a minor as defined in Code Section 16-12-100;

(4) Electronically furnishing obscene material to a minor as defined in Code Section 16-12-100.1; or

(5) Computer pornography and child exploitation, as defined in Code Section 16-12-100.2.

You can only take first offender on one case. There are exceptions where people enter a plea under the "drug" first offender act rather than the one listed above, but you certainly couldnt use both statutes in one setting. Sexual offenses such as child molestation do not qualify for any statute.

If he was already a convicted felon before these charges he wouldnt be eligible even if they reduced the child molestation to something non-sexual. I cant answer your other questions without knowing a lot more about the facts of the case and the county you are in.

dasani57
01-26-2010, 07:35 PM
thank you. i have read that about the first offenders act before and i guess what im trying to get at, since he has no criminal record, would he be able to use the act for the two drug charges and interference and just get charged for child molestation. If they even charge him for that. Also, since the child sent in a statement saying nothing happened, how could the mother still push it and win?

YourFriendlyDA
01-27-2010, 07:48 PM
Its not likely that a court would sentence him under the first offender act knowing that there was another case out there. I'm not aware of a case that says you CANT - but honestly havent looked for one. It really isnt in the spirit of the act to do that, so thats why I say its not likely. I would think the GBI would kick it back if they saw a FOA act case and then a conviction after it.

Are the 2 drug charges and the interference in one indictment?

The CM case is a little differnent. Recantations are not uncommon in those types of cases. Most likely, the child was interviewed on tape by the GA center by a forensic interviewer and that will be used to establish the outcry. They will also look at circumstantial evidence such as grades, participation in hobbies etc to establish the validity of the outcry. Each case has its own special set of circumstances so its hard to answer in a vacuum.

Mrs_Krobetzky
01-27-2010, 08:07 PM
Honestly Georgia is sooo screwed up! They can make you serve an outrageous term to the max for something petty and then let multiple (like 11 time) offenders out on parole after 15 months of a 15yr do 5yr sentence. So really I don't know what to say it just depends on which way the wind blows. Alabama is suiting up to come after Georgia Board of Paroles and Pardons and their Criminal Justice system due to the death of a sherriff's deputy by a Georgia man that was supposed to still be in prison but he was out on parole after only 15 months of a 15yr do 5yr sentence and had like 13 prior convitions in the past 10 years. Hope everything goes well for you guys, just giving you something to consider.

Mrs.June Drama
01-27-2010, 09:21 PM
My husband was in the wrong place at the wrong time with the wrong person. Although the police and many other law enforcement officers told me that they believed my husband was innocent they gave him a plea deal of 10 do 4yrs. How does that work his lawyer told us that she would be surprise if he had to do more then a couple more months because he had already been in jail for six months, and the judge gave him credit for the time that he had already been in jail. I guess my question is I looked on line and got the guidelines for crime severity levels and the crime that he is charged with is burglary and robbery which the grid says is a level eight crime so it says that he will have to do a least 65% of that time. We are not from columbus ga only moved down here because my mom is very sick and needs someone to take care of her. I we were back in north carolina my husband would have never been charged with this crime because none of the evidence point to the guy that he was with put the lawyer said because my husband was driving the car they said that he had something to do with it. Anyway does anybody know about the split sentence down here. so is 4yrs the most time that he will have to do, Please let me know your comments mean alot to me because i have never been through this before and any advice that i can get would be good.

YourFriendlyDA
01-28-2010, 07:28 PM
4 years is his "in custody" time. The balance will be probated or suspended depending on what the judge said. If he is eligible for parole he could be released before the 4 is up, serve that on parole, and then do the rest on probation.

kellya5107
01-28-2010, 07:40 PM
4 years is his "in custody" time. The balance will be probated or suspended depending on what the judge said. If he is eligible for parole he could be released before the 4 is up, serve that on parole, and then do the rest on probation.

what about a 10yr do 5yr sentence with 1yr worth of credit for time served in county jail. how much time will he actually have to serve in prison on that?

dasani57
01-29-2010, 10:21 AM
thank you so much you guys! this has been helpful.. as of now his lawyer is saying the da should come down and he should get one year or less. hes already been in county jail for 3 months and its 2 for one. and yes they are all under the same indictment.