After trial the judge can still sentence the defendant as a first offender under O.C.G.A. § 42-8- 60. The First Offender Act provides that under certain circumstances "the court may, without entering a judgment of guilt and with the consent of the defendant: (1) Defer further proceeding and place the defendant on probation as provided by law; or (2) Sentence the defendant to a term of confinement as provided by law." A defendant can be sentenced to both prison and probation under the First Offender Act. Kaylor v. State, 312 Ga. App. 633 (2011).
The judge can revoke a defendant's first offender status and re-sentence the defendant. The judge is allowed to increase the sentence up to the maximum provided by law for the offense as long as: 1) the defendant was warned of that possibility when he was initially sentenced; and 2) any time served prior to re-sentencing is credited to the new sentence. Kaylor v. State, 312 Ga. App. 633 (2011); Ailara v. State, 311 Ga. App. 862 (2011); Roland v. Meadows, 273 Ga. 857 (2001).