Georgia § 42-8-61 - Defendant to be informed of eligibility for sentencing as first offender.
Full text of Georgia Official Code of Georgia Annotated § 42-8-61 — Defendant to be informed of eligibility for sentencing as first offender., with citation guidance and answers to common questions.
§ 42-8-61. Defendant to be informed of eligibility for sentencing as first offender.
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. (Ga. L. 1968, p. 324, § 3; Ga. L. 1982, p. 1807, § 2; Ga. L. 2015, p. 422, § 5-74/HB 310; Ga. L. 2016, p. 443, § 6A-1/SB 367.) The 2015 amendment, effective July 1, 2015, substituted the present provisions of this Code section for the former provisions, which read: "The defendant shall be informed of the terms of this article at the time of imposition of sentence." See Editor's notes for applicability. Editor's notes. - Ga. L. 2015, p. 422, § 6-1/HB 310, not codified by the General Assembly, provides that: "This Act shall become effective July 1, 2015, and shall apply to sentences entered on or after such date." Ga. L. 2016, p. 443, § 6A-1/SB 367, effective July 1, 2016, reenacted this Code section without change. Law reviews. - For article on the 2015 amendment of this Code section, see 32 Ga. St. U. L. Rev. 231 (2015). For article on the 2016 amendment of this Code section, see 33 Ga. St. U. L. Rev. 139 (2016).
Source: official Georgia text · Last verified 2026-08-27
Frequently Asked Questions About Georgia § 42-8-61
What does Official Code of Georgia Annotated § 42-8-61 cover?
Section 42-8-61 ("Defendant to be informed of eligibility for sentencing as first offender.") is part of the Official Code of Georgia Annotated, the codified statutory law of Georgia. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Georgia § 42-8-61?
A common citation format is "Official Code of Georgia Annotated § 42-8-61" (Georgia). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Georgia law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Georgia official source linked on this page or consult a licensed Georgia attorney.
How does Georgia § 42-8-61 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Georgia can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Georgia.