Georgia Statutes

§ 42-8-61 — Defendant to be informed of eligibility for sentencing as first offender

Georgia § 42-8-61

This text of Georgia § 42-8-61 (Defendant to be informed of eligibility for sentencing as first offender) is published on Counsel Stack Legal Research, covering Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
O.C.G.A. § 42-8-61 (2026).

Text

When a defendant is represented by an attorney, his or her attorney shall be responsible for informing the defendant as to his or her eligibility for sentencing as a first offender. When a defendant is pro se, the court shall inquire as to the defendant's interest in entering a plea pursuant to the terms of this article. If the defendant expresses a desire to be sentenced as a first offender, the court shall ask the prosecuting attorney or probation official if the defendant is eligible for sentencing as a first offender. When imposing a sentence, the court shall ensure that, if a defendant is sentenced as a first offender, he or she is made aware of the consequences of entering a first offender plea pursuant to the terms of this article.

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Related

Mays v. State
414 S.E.2d 481 (Supreme Court of Georgia, 1992)
21 case citations
Bishop v. the State
802 S.E.2d 39 (Court of Appeals of Georgia, 2017)
12 case citations
Hahn v. State
303 S.E.2d 299 (Court of Appeals of Georgia, 1983)
12 case citations
Griffin v. State
535 S.E.2d 783 (Court of Appeals of Georgia, 2000)
6 case citations
OTUWA v. State
693 S.E.2d 610 (Court of Appeals of Georgia, 2010)
5 case citations
Parker v. State
374 S.E.2d 230 (Court of Appeals of Georgia, 1988)
5 case citations
Woodson v. State
600 S.E.2d 717 (Court of Appeals of Georgia, 2004)
3 case citations
Bryan Ivey v. State
(Court of Appeals of Georgia, 2023)

Legislative History

Amended by 2016 Ga. Laws 460,§ 6A-1, eff. 7/1/2016. Amended by 2015 Ga. Laws 73,§ 5-74, eff. 7/1/2015.

Nearby Sections

15
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Bluebook (online)
Georgia § 42-8-61, Counsel Stack Legal Research, https://law.counselstack.com/statute/ga/42-8-61.