Below is a simple order that you can use when entering a guilty plea to a drug charge pursuant to O.C.G.A. 16-13-2(a). This type of order will help you avoid a lot of trouble later.
ORDER GRANTING THE DEFENDANT “CONDITIONAL DISCHARGE” TREATMENT PURSUANT TO O.C.G.A. § 16-13-2(a)
The Defendant in the above-styled case comes before this Court having been charged with possession of less than one ounce of marijuana. The Defendant has requested “conditional discharge” treatment pursuant to O.C.G.A. § 16-13-2(a). Having never received “conditional discharge” treatment pursuant to O.C.G.A. § 16-13-2(a) or otherwise received First Offender treatment, the Defendant is eligible for “conditional discharge” treatment pursuant to O.C.G.A. § 16-13-2(a).
The Court hereby withholds entering a judgment of guilt and with the consent of the Defendant and defers further proceedings in this case under the following conditions:
(1) The Defendant shall be placed on probation for a term of ___ months;
(2) The Defendant shall pay a fine in the amount of $_______;
(3) The Defendant shall be subject to random drug and alcohol screens during the period of probation;
(4) The Defendant shall undergo a drug and alcohol evaluation provided by a clinical evaluator certified by the Georgia Department of Human Resources; and
(5) All recommendations for treatment shall be complied with by the Defendant.
In the event that the Defendant violates a term or condition of probation, the Court may enter an adjudication of guilt and proceed accordingly. Upon fulfillment of the terms and conditions, the Court shall discharge the person and dismiss this case. Discharge and dismissal pursuant to O.C.G.A. § 16-13-2(a) shall be without Court adjudication of guilt and shall not be deemed a conviction for purposes of O.C.G.A. § 16-13-2 or for purposes of disqualifications or disabilities imposed by law upon conviction of a crime.
So ORDERED and ADJUDGED, this ___ day of August, 2010.