Arrested for Criminal Trespassing in Georgia

[ddamian]

My question involves criminal law for the state of: Georgia

I broke the entrance gate to an apartment complex. I was arrested for it. I live in the apartment complex that I broke the gate in. I already paid for the gate and wrote an apology letter. This is my first offense. I was wondering what I should do in court and what kind of consequences I can expect?

[free9man]

Dress appropriately and be polite. Leave your cell phone in the car or off. I have seen many folks in GA courts get chewed out, and fined, by judges for their phones going off while court is in session.

If this is simply your arraignment, plead not guilty and request a public defender. Whether you qualify for one or not I cannot say. You can try to speak to the prosecutor ahead of time and work out a deal, no guarantees though.

If this is your first offense, you would likely be eligible for First Offender status. Some combination of fines, probation, and/or community service.

[Mr. Knowitall]

Special programs for first offenders are most common for shoplifting and simple drug possession, although more general youthful offender programs may exist. It's worth exploring what is available in your county and whether you qualify for any existing programs, but it may turn out to be more of an issue of what you or your lawyer can negotiate with the prosecutor based upon your clean prior record as opposed to any sort of formal "first offender program" or status.

[free9man]

Any first time offender can ask for it in Georgia and more than shoplifters and potheads get it. Will OP get it? Can't say but it can't hurt to ask for it.

[Mr. Knowitall]

Ah, I see.

(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.

* * *

It's discretionary with the court.