Answer: An appeal means you have been convicted. You appeal the case my retaining an appellate attorney. You do not get tried as a first offender. If you get convicted, the judge has the discretion to sentence you as a first offender. If you have been convicted and the judge refused to sentence you as a first offender, there is no appeal to his decision to NOT sentence you as a first offender, IT IS TOTALLY up to the trial judge.
Answered By Lawrence Lewis - Criminal Defense Attorney in Atlanta
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