Basically, the FOA says a defendant can plead guilty to a particular charge, serve the sentence handed down by the judge, but not have a conviction on their record if the sentence is completed successfully. The FOA can only be used once.
The FOA is usually used to avoid having a felony charge. A felony conviction can seriously affect a persons life by inhibiting their civil liberties. Owning or possessing a firearm, voting, receiving government benefits, and holding public office are all civil liberties affected by receiving a felony conviction. It can also be significantly harder to find employment with a felony record. Although the FOA can be used to avoid a felony, some felonies do not qualify for the FOA. These charges include murder, rape, and sex related crimes.
FOA can also be used for misdemeanors, although this is not usually advisable as misdemeanors aren’t as damaging as felonies. If you are facing a misdemeanor charge, your criminal defense lawyer will help you determine whether or not using the FOA is a good idea for you. Although the FOA can be used for almost all misdemeanors, it can not be used for a DUI charge.
The FOA is a great statute for defendants, but it must be used carefully. The privileges of the FOA can be completely lost if a defendant violates their probation or parole. The defendant’s entire sentence must be served successfully before the benefit of the FOA can be received.
The FOA is not something that should be used without serious consideration with your criminal defense lawyer. Call Kyle today at (770) 744-5250 to determine whether or not you can benefit from the FOA.
