What are Georgia criminal defense options for non-citizens?
A non-citizen’s criminal case has two tracks: the charge, and immigration. A result that looks good in Georgia can be a conviction under federal law, and the first step is finding out what any plea means before accepting it.
Georgia’s dispositions and federal law. The Immigration and Nationality Act defines “conviction” at 8 U.S.C. § 1101(a)(48)(A) to include a guilty or nolo plea with some punishment, even if adjudication is withheld. So a first offender discharge under O.C.G.A. § 42-8-60 can count, though Georgia says there’s no conviction.
| Category | Examples | Effect |
|---|---|---|
| Aggravated felony | Theft or violence with 1-year sentence, drug trafficking | Severe, including mandatory detention |
| Crime involving moral turpitude | Theft, fraud | May make deportable or inadmissible |
| Controlled substance | Most drug offenses | Deportable, with a small marijuana exception |
| Firearm | Most gun offenses | Deportable |
| Domestic violence | Family violence, protective order violation | Deportable |
Defense tools.
- Padilla v. Kentucky (2010) requires counsel to advise about clear deportation risks. O.C.G.A. § 17-7-93(c) requires the judge to confirm understanding.
- Plea wording can change the immigration result.
- Sentence length matters: “one year” triggers some aggravated felony rules, even if suspended.
- Pretrial diversion with no plea may avoid a conviction.
After. A motion to withdraw a plea is under § 17-7-93(d). Habeas may be available under § 9-14-42, with a one- or four-year limit. A later state “vacatur” works for immigration only if based on a legal defect.
Practical. ICE may place a detainer. Consular notice under the Vienna Convention can be requested. Speak with an immigration lawyer before any plea.
General information about Georgia law as of November 2026. It is not legal advice and does not create an attorney-client relationship.