Call Us
E-Mail Us

Defense Lawyer for Retroactive First Offender Charges in Georgia

Were you convicted of a felony but later found out that you were entitled to plead guilty or nolo contendere under Georgia’s First Offender Act? Maybe you were not informed by your attorney of the availability of the First Offender Act program. Or, unfortunately, you may not have even had representation at all at your sentencing. If so, your case may be eligible for retroactive application of the First Offender Act and sentencing. If there is any chance to wipe your record clean then it’s a worthy cause to look into because your criminal history will follow you for the rest of the days of your life, negatively impacting your livelihood. But, first, you may be wondering what exactly the First Offender Act entails.

At Bixon Law, we work tirelessly with you to understand all the unique aspects of your case and ensure that every opportunity for a clean slate is pursued vigorously. Our experienced attorneys will guide you through the intricacies of the First Offender Act, advocating for your rights and seeking the best possible outcome. With our expertise and dedication, we strive to provide you with the chance to move forward with confidence and rebuild your life.

Retroactive Application

In 2015, the Georgia legislature passed a reform allowing for the retroactive application of First Offender sentencing. In 2017, the law was further clarified to make retroactive provisions applicable to any case sentenced on or after March 18, 1968. Under Georgia law, O.C.G.A. § 42-8-66:

(a) An individual who qualified for sentencing pursuant to this article but who was not informed of his or her eligibility for first-offender treatment may, with the consent of the prosecuting attorney, petition the superior court in the county in which he or she was convicted for discharge and exoneration pursuant to this article.

(b) The court shall hold a hearing on the petition if requested by the petitioner or prosecuting attorney or desired by the court.

(c) In considering a petition, the court may consider any:

(1) Evidence introduced by the petitioner;

(2) Evidence introduced by the prosecuting attorney; and,

(3) Other relevant evidence.

(d) The court may issue an order retroactively granting first offender treatment and discharge the defendant pursuant to this article if the court finds by a preponderance of the evidence that the defendant was eligible for sentencing under the terms of this article at the time he or she was originally sentenced and the ends of justice and the welfare of society are served by granting such petition.

(e) The court shall send a copy of any order issued to the petitioner, the prosecuting attorney, and the Georgia Bureau of Investigation. The Georgia Bureau of Investigation shall modify its records accordingly.

Mr. Bixon’s level of knowledge and dedication to his clients is truly beyond top notch. He goes above and beyond to ensure his clients are well-informed, supported, and fiercely represented. If you’re looking for the best lawyer—someone who genuinely cares and consistently delivers results—look no further than Mr. Michael Bixon. He is simply exceptional.

Shun Fleetwood

I cannot thank Michael enough for all he did for my son, as a desperate mother, Michael always gave me the confidence that he would take care of my son’s situation. The first time I had talked to Michael I knew He was send by God , Michael was the only Lawyer that I felt comfortable and reliable, trustworthy, and relieved.
Michael Bixon is very professional and very knowledgeable about his work.
Thank you 🙏🏼
Jacqueline

Calvin Jones

The best lawyer I have ever met! He saved my life! Besides all professionalism, he was a friend in the most difficult time. I have a lot of gratitude and felt supported and safe with his service. He is extremely competent!
Whenever I had questions he answered immediately! Hire him to see the impossible become possible, because that’s what happened to me!
As I already said, the best lawyer! Highly recommended!

Mauricio Reis

At certain points in time, almost everyone will need solid representation. Michael was the exact help I needed. Very easy to get in touch with, communicative, and knowledgeable. Two out of three counts dismissed, and better terms than I ever expected for the 3rd. It is evident that he has a rapport with the his colleagues of the court and judges. Absolutely recommended and If I need legal help in the future he will be my first call. Thank you so much for your help!

Scott Black

Attorney Bixon is the GREATEST Attorney in Atlanta. I want to express my most sincere thanks for the most professional representation. You have stuck by me and my family through stressful moments in dealing with this very stressful case. I admire your composure, work ethic and most of all excellent representation. I most definitely recommend Attorney Bixon to anyone who has illegal issues.

Hubert Owens

My brother was on news , accused fpr theft by conversion felony class d went to jail, out within 1 day and 1 year later case was dismissed . Mike was very helpful. Companies will avoid serviving Georgia state because regulations on state and level of education of detectives is lower then pre school kids . Thank you Mike big time!