I was charged with obstruction of justice, 2 counts of criminal trespass, disorderly conduct, and public intoxication. This obviously stemmed from being too drunk and I broke a window. I completed my first offender for a possession of marijuana charge when I was 17. I am now 22. I have a job, an internship I will graduate from college next year. This is the last thing I need to right now. Can I get a pre trial diversion even if I already used my first offender? Can at least get some of these charges dropped/reduced?
I'll address your questions in order.
First, you asked if you can get a pre-trial diversion after using first offender. In summary, a pre-trial diversion program is a contract between you and the prosecutor. In this contract, you agree to do certain things and the prosecutor agrees to dismiss your case or provide some lesser resolution to your case. This can be done in any case that the prosecutor is agreeable to entering that contract with you. However, many prosecutors' offices have policies against allowing pre-trial diversion agreements with individuals who have prior convictions or prior first offender treatment. In short, it is possible but it might not be available to you.
Next, you asked if you can get some of the charges dropped or reduced. Yes, it is a very common part of the plea negotiation process for your attorney to negotiate the dismissal or reduction of some of the charges as part of your agreement to plead guilty to a lesser charge or some of the charges. Ultimately, this would be something that your attorney would negotiate with the prosecutor after reviewing the discovery, depending on the strengths and weaknesses of their case.
My best suggestion to you is to get a local attorney who regularly handles cases in the court where you are charged. A local attorney will be more likely to know the available diversion options and what can be expected as reasonable negotiations in your case.I hope this helps answer your questions.Paul GhanouniAttorney at LawLaw Office of Paul Ghanouni, P.C.Handling Accident, Injury, and Criminal Cases221 E. Main StreetCanton, GA 30114Phone: 770-720-6336Fax: 770-720-6339www.PGLawOffice.com
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