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