GWL question

[oldmetlfan]

I'm just wondering, as I have not heard of it before. Is "first offender status" like admitting guilty, but not getting charged with the original offence?

I guess I'm glad not to have been through anything more than traffic court, some of the twists of law could really make your head spin without a lawyer!

 

[tlw1179]

i think first offender is for those that commit a felony that are actually good people and meet a requirement, like not get into any more trouble in x amount of time or something like that , and when they do that it's either removed or lessened to a misdemeaner , I think you have to plea first offender

 

[Ga_Nemo]

The first offender charges were not drug or violence related. There was a pot charge in '99 but it was someone elses and the charges were dropped against me. I really want my gwl Ive had guns for a while and now I want to carry

OK, having dealt with similar and being a member of the Bar in Va (burned out and retired now) but never barred in Ga you sound clean to me. I need details on the -- charges were dropped against me.-- part. Did the prosecutor move to dismiss? Did the judge put you on probation, even if unsupervised. Were you told you were on terms of general good behavior.

When-- "the charges were dropped" did that happen before a judge, after which you left the courtroom and had or needed no further contact with court personnel. Were there any court costs associated with the matter that you had to pay.

Best bet is to go to the courthouse and get a copy of the paperwork in your case. Ask one of the clerks to help you figure it out. They are your best bet to see if the charges were dropped and gone away or if you had some further legal responsibility to the court system. One quick way to semi-answer the question is Did you have to pay any court costs. If so, there is more to research. If you did not, a nickel says the charge was dismissed and gone away. If you had some further legal responsibility you have something to deal with which may be a headache but it does not sound like a stopper.

Nemo_Esq

 

[ConRon]

I had no legal responsibility after court. I was being held for a probation violation and when we went to court I stood in front of the judge and explained that the pot was my brothers and he was here to admit to the possession, the cop who arrested me stood up and lied to the judge and the judge gave him an earful and dismissed me and my charge out of the courtroom, arrested my brother gave him the charge and he served a year on probation. it stiil shows on my record that I was arrested but the charge was dropped

 

[07JKX]

I'm just wondering, as I have not heard of it before. Is "first offender status" like admitting guilty, but not getting charged with the original offence?

I guess I'm glad not to have been through anything more than traffic court, some of the twists of law could really make your head spin without a lawyer!

essentially. first offender status is discretionary and 100% up to the Judge whether to allow you to plea under the First Offender Act or not. If you are allowed to plea first offender... upon successful completion of your sentence (typically probated) your criminal history will indicate a not guilty FOA or something to that effect. However, where some people get confused, is the arrest and charge will show up on the criminal history. It will simply state "not guilty" under the disposition section.

It is a great means to prevent losing certain "rights" oh... i mean privileges... we dont have rights anymore. duh.

However, just because you plead first offender and it is technically a "not guilty," if a potential employer does a background check, they will still see that you arrested for and charged with crime X on date X. This obviously can still hurt your chances of being selected over the other guy.

some lawyers will tell you that it is struck from the record... which makes some more inclined to use their FOA on a lesser charge.

The catch.... you get one go at it... if you screw up probation...even a technical VOP, often times the judge will strip the first offender treatment and it will simply be a guilty. You do not get to go back and plead not guilty or demand a bench or jury trial... it is simply gone and the charge is now made part of your permanent record.

It really is a great act though.... it gives a person that made a mistake a second chance. The real bad guys... well they are going to lose the FOA anyways so it really doesnt apply to them.

 

[ConRon]

I bring this up because recently I went to a store to purchase a firearm and was declined, talk about embarrassing. I got on the phone with the fbi, gbi, superior court, and gcic to get it all worked out. Bottom line is the court screwed up and it read as guilty pleas to the charges. After getting it fixed I called the gcic back and asked if I could go get my guns back and I was told there are no inhibitors on my record so I would be ok but they arent the ones who decide whether or not I can get a gwl. I am going next week to apply....wish me luck I hope it turns out fine....Thanks everybody for the input

 

[07JKX]

I bring this up because recently I went to a store to purchase a firearm and was declined, talk about embarrassing. I got on the phone with the fbi, gbi, superior court, and gcic to get it all worked out. Bottom line is the court screwed up and it read as guilty pleas to the charges. After getting it fixed I called the gcic back and asked if I could go get my guns back and I was told there are no inhibitors on my record so I would be ok but they arent the ones who decide whether or not I can get a gwl. I am going next week to apply....wish me luck I hope it turns out fine....Thanks everybody for the input

you did get the gun declined thing cleared up right? It is my understanding that once declined... you have to go through an appeals type process until you can try and purchase another weapon. Otherwise you will just be continually declined.

good luck! I hope you pay your money to uncle sam and he sends you your permit in short order.

 

[sovietak474u]

I bring this up because recently I went to a store to purchase a firearm and was declined, talk about embarrassing. I got on the phone with the fbi, gbi, superior court, and gcic to get it all worked out. Bottom line is the court screwed up and it read as guilty pleas to the charges. After getting it fixed I called the gcic back and asked if I could go get my guns back and I was told there are no inhibitors on my record so I would be ok but they arent the ones who decide whether or not I can get a gwl. I am going next week to apply....wish me luck I hope it turns out fine....Thanks everybody for the input

Good luck to you! I sure hope they got it all worked out for you.

 

[ConRon]

So today i went back to the BPS, the store I got declined at, and went in and asked if they could run me through the system. I told him that I was declined for a rifle and it was supposed to be right by now. He said he could but I have to choose a gun. I picked out the S&W .38 special airweight. He ran the system and about ten minutes later came to me and said "you have been delayed". So I figure thats better than denied right? I am supposed to hear something by mon night. At the start of this I figured if I got turned down to buy the gun at the store then there is no way I would pay an application fee. I guess if this doesn't turn out good I will be making a couple of post in the classifieds section....haha

 

[Ga_Nemo]

Be advised my responses are within the quote (ALL CAPS) and directly related to specifics of your post. Understand it is general information and NOT legal advise


From your post #16 in this tread-- After getting it fixed I called the gcic back and asked if I could go get my guns back and I was told there are no inhibitors on my record so I would be ok but they arent the ones who decide whether or not I can get a gwl. I am going next week to apply....wish me luck I hope it turns out fine...

REPLY--I understand the Probate Court Judge makes the decision but I also understand that the Judges are rather limited in their discretion. If you meet all requirement and have no prohibitions the judge SHALL ISSUE. Based on the limited info you have posted, I think you have no significant issues to be concerned about.

I had no legal responsibility after court. I was being held for a probation violation (YOU MAY HAVE A GUN OWNERSHIP PROBLEM WITH WHATEVER YOU WERE ON PROBATION FOR) and when we went to court I stood in front of the judge and explained that the pot was my brothers and he was here to admit to the possession, the cop who arrested me stood up and lied to the judge and the judge gave him an earful and dismissed me and my charge out of the courtroom, (THAT IS GOOD. THE JUDGE DISMISSED THE CHARGE SO YOU HAVE BEEN ARRESTED BUT NOT CONVICTED. YOU DO NOT HAVE A CRIMINAL HISTORY OR GUN OWNERSHIP PROHIBITION BASED ON THAT) arrested my brother gave him the charge and he served a year on probation. it stiil shows on my record that I was arrested but the charge was dropped NO CRIMINAL HISTORY OR CONVICTION ON THAT CHARGE, NO "FIRST OFFENDER" STATUS, NO FIREARM OWNERSHIP OR CCW DENIAL SHOULD BE BASED ON THAT

Please note-- this is not legal advice but general information on legal things.

Nemo, Esq.