A Georgia Conditional Discharge for marijuana or under 21 alcohol is very similar to a First Offender Plea, but can be better in many respects.
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Georgia Conditional Discharge: Generally reserved for Marijuana Possession of less than one ounce (O.C.G.A. §16-13-2) and Possession of Alcohol by a Minor/ Under Age Possession or Consumption (O.C.G.A. §3-3-23.1), a Conditional Discharge is where a defendant enters a guilty plea, but the judge withholds disposition until a period of probation is completed. Usually the probation period is 3 to 12 months for Possession of Alcohol by a Minor and 12 months for Marijuana Possession of less than one ounce. In addition to probation, many judges require Risk Reduction School/ DUI School, 20-40 hours of community service, Drug and Alcohol Evaluation and complete recommendations, and the payment of a fine along with associated costs and fees.
A Georgia Conditional Discharge on a Marijuana arrest and completion of DUI School will save a defendant’s license from suspension in a Marijuana Possession of less than one ounce. Many defendants are surprised to learn that almost all drug offenses in Georgia result in a license suspension, even if not driving.
Many Possession of Alcohol by a Minor/ Under Age Possession or Consumption case do not have an automatic suspension, but if there are concerns a Conditional Discharge might save the defendant’s license.
A Conditional Discharge can only be used once for the offense and requires the judge’s approval. Additionally, a Conditional Discharge is not eligible for expungement unless the terms specifically provided for expungement. (See O.C.G.A §35-3-37(d)(7).)
At A. Bishop Law, our Georgia Criminal Defense Attorney welcomes questions on Criminal Defense laws, Traffic Laws and Georgia DUI laws. Please Call or Email us with any questions.
About the attorney:  Anne Bishop is a Georgia Lawyer with A. Bishop Law in Gainesville, Georgia and handles various DUI / DWI, Marijuana Arrests and other Georgia Criminal Defense matters.  The law office of A. Bishop Law can assist clients throughout Georgia including: Hall County (Gainesville, Oakwood, Flowery Branch), Jackson County  (Jefferson, Braselton) White County (Helen, Cleveland), Lumpkin County (Dahlonega), Dawson County (Dawsonville), Habersham County (Demorest, Cornelia), and all of Northeast Georgia.
This article and/or video should not be considered nor relied upon as legal advice since it is only intended for general overview and informational purposes. Please consult with an attorney on your specific situation in order to determine an appropriate legal course of action.