Sunday, May 11, 2014

Robbery Defense Attorney in Duluth

Question: My friend snatched a ladys purse and jumped in to my car screaming GO GO GO. So I went but then when i seen he really had the bag , I stopped the car and made him give it back to the lady . Could i be charged with anything since I'm technically the person who stopped the crime?

Answer: Yes, the DA could charge you as a party to the crime of robbery by sudden snatch. What will determine IF the DA charges you will probably the circumstances under which you stopped the vehicle and gave the woman back her purse. If the police stopped you, and you screamed at your friend to give her the purse after the police stopped you, then you will probably be charged with robbery by sudden snatch, and you may need an attorney.

Answered By Lawrence Lewis - Robbery Defense Attorney in Duluth

First/Last Word On Bonds

When someone is charged with a new criminal offense, as opposed to a violation of probation or an ICE hold, a judge will typically set a bond.  The posting of the bond allows the person charged with a criminal offense to exit the jail and wait at home during the pendency of the case.  Because of the large number of individuals who choose not to address their addictions or desire for fast money or other dysfunctions in their relationships, it takes time for the person arrested on new criminal charges to have his/her case heard by a jury.  Bond allows the person able to make bond to continue with his/her life, work or family commitments while the case gets ready for jury trial.  IF it were possible to have a person arrested on a new criminal offense tried by a jury three days after arrest, there would be no need for bond hearings and posting bonds.

 Although the concepts of bonds and bail are used interchangeably, they are different things.  A bond is a contract.  It is a promise to do or not do something.  When an accused signs a bond before leaving the jail, he/she is typically posting something of value (i.e. property, cash), as a promise that he/she will return to court as directed AND will abide by the conditions of bond, which may include no alcohol, stay-away from a particular person, etc.  IF the person fails to appear in court as directed, the bond can be forfeited.  Conversely, bail represents a number.  It is the amount on the bond that a person must post in order to get out of jail during the pendency of the case.  There are many people in jail with bail.  They have a number which will allow them to get out of jail, but they are unable to post the property or cash or get a bondsman to assist them.     

Wednesday, May 7, 2014

Drug Defense Attorney in Lawrenceville

Question: In the State of GA, there is a" 1st Offender Act" for a 1st time felony charge and a 1st time felony drug charge (O.C.G.A. 16-13-2 a,c). Is a Superior Court Judge permitted to use his discretion as to which drugs apply and don`t apply for a defendant asking for 1st offender treatment on a 1st time felony drug charge??
(A Superior Court Judge is said to have denied the 1st offender treatment O.C.G.A. 16-13-2 a,c- to any defendant that is charged with a 1st time felony drug charge for all other drugs EXCEPT marijuana in Henry Cty, GA) The other Henry Cty Superior Court Judges do not do this in their Court rooms with these types of cases- wouldn`t this be considered "discrimination" of some sort? This is WRONG. If anyone who is willing to take the challenge in finding an answer for this, could you please also cite the O.C.G.A. annotation(s) for this?? PLEASE? Thank You-

Answer: There is no challenge in the question. The judge has absolute discretion in granting or denying first offender, except the judge CANNOT establish a policy of never granted a particular class of offenses ineligible. So, there may be some appeal, IF you can meet the challenge of getting the money to retain an attorney. 

Answered by Lawrence Lewis - Drug Defense Attorney in Lawrenceville

Saturday, May 3, 2014

Criminal Defense Attorney in Gwinnett County

Question: How long does it take for your conviction to come off your record after succesfully completing your probation from the first offender act?

Answer: A conviction is not coming off of your record. If you successfully complete 1st offender, you will not have a conviction, but the 1st offender discharge is not coming off of your record either. 

Answered By Lawrence Lewis - Criminal Defense Attorney in Gwinnett County

Family Violence Attorney

Family violence, also known as Domestic violence, refers to physical harm inflicted on one member of a household or family, by another member of the same household or family (usually between spouses). Domestic violence, sometimes called spousal abuse when it involves a husband and wife, usually involves repetitive physical and psychological abuse, and a "cycle of violence".  Specific crimes charged vary based on: (1) the severity of the victim`s injuries; (2) whether a minor was present; and (3) whether a protective or restraining order was in place at the time of the violence.

First, the severity of the victim’s injury will determine whether the police and/or prosecutor will charge the accused with simple battery, aggravated assault and/or aggravated battery.  Second, if a minor was present to witness the domestic violence, there will certainly be a charge of Cruelty to Children put upon the accused, for allowing the child to witness the violence.  Third, if there is a protective order in place when the domestic violence occurs, the accused will probably be charged with Aggravated Stalking, which requires a Superior Court judge to set bond.

When an officer is called to a scene due to an alleged family violence incident, 99% of the time, someone is taken to jail.  The person who contacts the police is called the Complaining Witness in a case.  The complaining witness, who might not be the victim, is usually the prosecutor’s main and only witness.  At the time of the arrest, the responding officer may take both a written statement from the victim and photographs of all of the victim’s injuries, which can be used as evidence in the case.  In addition, the 9-1-1 tape can be used as evidence by the prosecutor to establish the emotional state of the complainant.

Tuesday, April 29, 2014

Family Violence Attorney in Lawrenceville

Question: What would happen to your child if she was with a grandparent and they got busted with drugs? She is only three.

Answer: She would probably be placed in DFACS (Dept. Family and Children Services). 

Answered By Lawrence Lewis - Family Violence Attorney in Lawrenceville

Violation of Probation Attorney

If you are currently on misdemeanor or felony probation, and you believe that your probation officer is going to accuse you of violating your probation, you need to contact an experienced violation of probation attorney to assist you.  Lawrence Lewis is ready to defend you in the violation of probation case filed in the greater metropolitan Atlanta area.  Contact us today to schedule an appointment, and learn all of the things you may need to do right now to protect yourself against the allegation.

Avoid the Typical Result in a Georgia VOP Case

Typically, after the Georgia probation officer makes an allegation of violation of probation, the judge will sign a warrant for your arrest. The arrest warrant for a violation of probation (VOP) usually has a "no bond" provision, meaning that unless you retain an attorney to resolve your case quickly or obtain a bond, you may be sitting in jail for weeks or months until your probation violation case is heard in court and/or resolved.

About Me

I hung a shingle in February 2000, because I saw that individuals charged with criminal offenses were being underserved by the attorneys practicing criminal law. Since February 2000, I have represented more than two thousand criminal clients. I only practice criminal law, but I do everything from violations of probation to Supreme Court appeals. There are few attorneys under the age of sixty that have my level of experience. I have tried more than two hundred major felony jury trials. I have tried more than fifty misdemeanor jury trials. In Philadelphia as a prosecutor, I tried more than two thousand bench trials. I have conducted more than three thousand preliminary hearings and bond hearings. Yet, I still have the energy at forty-five to serve my current clients. There is nothing that will occur in a courtroom that I have not experienced before. When you are looking for an attorney, experience is everything.