Can i file an appeal for a withdrawal of guilty plea of dv misdemeanor while on probation

Question: Can i file an appeal for a withdrawal of guilty plea of dv misdemeanor while on probation?

Answer: You entered a plea, you were placed on probation and you began your probation. You then didn`t like probation or thought you really were not guilty and asked the judge to allow you to withdraw your guilty plea. The judge denied the withdrawal of the guilty plea and you want to appeal that. IF those are the facts, then you have 30 days from the signing of the denial of the motion to withdraw the guilty plea to file an appeal. I suspect that you have nto employed an attorney, and you will need to in order to challenge the case properly.

Answered by Lawrence Lewis - Misdemeanor Defense Attorney in Lawrenceville

Preliminary Hearing

The preliminary hearing typically occurs between ten and fourteen days after arrest.  A preliminary hearing (also known as a “probable cause” hearing, or “commitment” hearing) is a proceeding where the prosecutor must establish in court that they have enough evidence to detain the individual on the filed charges (i.e. warrant).  The hearing is designed primarily for the benefit of those incarcerated individuals who have been unable to post bond, to ensure that they are not held in jail on unfounded charges.  However, individuals out on bond are also permitted to request a preliminary hearing, and as a general rule an attorney should request one in almost every felony case regardless of whether the defendant is in jail.

        If a defendant is in jail at the time the preliminary hearing is conducted and the state fails to establish probable cause that he or she has committed the offense, the defendant is entitled to have the charge dismissed and to be released from jail. If the defendant is not in jail and the state fails to establish probable cause the defendant is entitled to have the charge dismissed and to be released from the conditions of his or her bond. However, a dismissal of the charge at the preliminary hearing does not prevent a grand jury from issuing an indictment against the defendant at a later date. Thus, a defendant whose case is thrown out at a preliminary hearing could still face the same charges again. If this occurs, then the defendant will be rearrested on the same charge, and would have to post bond in order to get out of jail while awaiting trial.


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Preliminary Hearing Attorney in Lawrenceville

If someone in the court is an onlooker while the jury is present yells out

Question: If someone in the court is an onlooker while the jury is present yells out in court that the defendant is guilty what happens?

Answer: The judge would determine who the person is. If the person is with the defense, the person would be removed. If the person is with the prosecutor or victim, then the judge might entertain a motion for mistrial. It all depends.

Answered By Lawrence Lewis - Criminal Defense Attorney in Gwinnett County

First Appearance

The first appearance hearing normally occurs within forty-eight hours of an arrest.  It is the first court date after a person has been arrested for either a misdemeanor or felony offense.  The brief hearing normally takes place at the jail, where the person detained will be: (1) told his charges; (2) told his bond amount (if any); and (3) asked about representation. 


Lawrence Lewis - Misdemeanor Offenses Attorneys

My ex-boyfriend has a nude picture of me

Question: My ex-boyfriend has a nude picture of me. He has threatened to post it online and send my friends the link or send it in a text message to my friends. I did give him permission to take the picture, but I definitely don't want people I know to see it.

Answer: There is no question here. You state a bunch of facts. His threats don't mean anything right now, and because they are just threats, you are not going to retain an attorney. Only after he posts the nude photos are you going to think about retaining an attorney. Even then you will wait and see the backlash. If your parents don't see it, and you get a modeling gig from the photos, you will not do anything.

Answered By Lawrence Lewis - Sexual Offense Attorney in Lawrenceville

I was charged with a theft by shoplifting misdemeanor

QUESTION:      

      I was charged with a theft by shoplifting misdemeanor, value of the items were13.33 and it was food taken because I didn’t have the money to pay for food and people in my dwelling including myself had nothing to eat. I was given the standard disposition 12 months’ probation, 40 hrs community service and a hefty fine, as well as spent 7 days in jail, I feel that this was an injustice, the time spent in jail was enough. I have no job and no car or reliable source of transportation there for making it difficult as well as a hardship to comply with these orders.  What can I do about this?  Can I appeal?  Also can I get a public defender for this? Please tell me what can I do?

ANSWER:         You can return to court and ask the judge to reconsider the sentence in its entirety (unlikely to work), or ask the judge to convert more of the fine to community service. You need to do as much community service as you can. Why do I think that? You told me. You are in a place where you don`t have $ 15 in your pocket for food. The people in your company do not have $ 15 for food. You do not have a car or a job. Therefore, you need to retrain your mind. You need to find employment, and a better group of people to keep your company. If you volunteer with Habitats for Humanity you will be introduced to people who can substantially improve your situation. First, you can get training on how to lay tile or hardwood, or learn plumbing work, and maybe even land a job. Second, you can get connected to folks that can help you find decent housing. Third, you will improve your company. OR you can continue down the road you are on, which will clearly result in a prison sentence, for something that you did not do.

There is no appeal to a guilty plea. You can ask the judge to withdraw the plea, but since you were in jail for 7 days before you entered the plea, I know that you were not drunk of high when you entered the plea. The judge will not appoint a public defender.

Answered by Lawrence Lewis - Shoplifting Defense Attorney in Lawrenceville

I am currently serving First Offenders probation in the State of Ga

Question: I am currently serving First Offenders probation in the State of Ga. It is a felony drug charge. My question was while i am serving the probation etc. When i fill out a job application asking if i have been convicted of a felony do i put yes or no. I understand under most circumstances when i complete the first offender that it will be hidden from employer background checks. But what about now while i am on probation for the offense. Am i convicted?.

Answer: You put "NO", I have never been convicted of a felony. When you complete 1st offender you continue to put "NO', but the disposition of the case will not be hidden from anyone. For the remainder of your life, when your name is run, the arrest and the 1st offender disposition will appear.

By Lawrence Lewis - Felony Offense Attorney - Felony Defense Lawyer in Lawrenceville

Speedy trial demands

QUESTION:       My friend was arrested for two felony forgery counts.  Bond has been set but there has been no arraignment and no indictment.  He has been sitting in jail for 4 months. He has a public defender whom he has never met.  I spoke to the PD once but he does not return calls.  We want to know if he can request a speedy trial even though there has been no indictment.

ANSWER:         No statutory speedy trial demand can be filed until an indictment or accusation is returned. A constitutional speedy trial demand can be filed, but it does not force the prosecutor to trial quickly. Because your friend is represented, he cannot file either speedy trial demand on his own.

 Answered by Lawrence Lewis - Felony Defense Attorney in Lawrenceville

My friend got arrested in GA with two charges

QUESTION:       My friend got arrested in GA with two charges: (1) criminal trespass; and (2) entering auto.  He broke a car window, took glasses, papers and teddy bear. How bad is this?  He has a public defender, any benefits by getting private defender?

ANSWER:         Any felony offense is a problem, and entering auto is a felony offense.  With no prior record though, he should get probation, with a fine and some community service. The real problem, which the public defender will never address (which most attorneys will not address) is: Why did your friend commit the offenses.  Without the answer to why, some other stupid sh#t (breaking into a vehicle to take a teddy bear qualifies as stupid sh#t) will occur, and he will be back in jail with a violation of probation. So it is just as important to understand why he did it, as it is to resolve it.

By Lawrence Lewis - Felony Offense Attorney - Felony Defense Lawyer in Lawrenceville

Criminal Defense Attorney in Atlanta

QUESTION:       What should I expect in terms of a plea offer (from the prosecutor) or sentence (from the judge)?

ANSWER:         The plea offer and/or sentence is typically a function of a number of different things:

(1)   Age of the accused

(2)   Age of the victim (if there is a victim)

(3)   The criminal record (GCIC) of the accused

(4)   The nature of the offense

(5)   The quality/experience of the defense attorney

(6)   The jurisdiction where the offense occurred (Fulton County is more lenient than Butts County) 

(7)   How quickly the accused takes responsibility, especially if there are co-defendant against which the accused can testify

(8)    The judge hearing the case (some judges hate burglaries, other hate graffiti)

By Lawrence Lewis Criminal Defense Attorney in Atlanta

If a victim doesn't show up court date for a criminal case is the case dismissed by the judge ?

Question: If a victim doesn't show up court date for a criminal case is the case dismissed by the judge ?

Answer: The case would not be dismissed by the judge. The prosecutor would have to indicate that they cannot go forward, and either not move for a continuance or be denied the continuance by the judge. Then the defense attorney would move for a dismissal. In my 12 years as a defense attorney 50% of teh clients say the witness will not show up, less than 1% of the time the witness has not shown up, the other 99% of the time, client has received more jail time because they needed to see the victim in court before they pled guilty. Tricky game to play, the I must see the victim game.

Answered By Lawrence Lewis - Criminal Defense Attorney in Lawrenceville

My husband has an outstanding background according to the County Police Department.

QUESTION:      My husband has an outstanding background according to the County Police Department.  He had the opportunity to view his background from an attorney who emailed him 20 pages of criminal activity. Of those 20 pages only 5 were actual convictions. What are the necessary steps that we need to take in order to have all of the other fabricated incidents removed.  In our rights we are innocent until PROVEN guilty. What happens when 15 charges that have been dismissed are still appearing on every background that is conducted on him?  Are not those charges that were dropped supposed to be stricken from his record? Most of the incidents were not even arrested just charges. We do believe someone was also using his name in their criminal activity.

Do all arrests stay on one’s record?  And if so, how long?  Most importantly, it is not the arrests that he`s most concerned about, it is the charges that were dismissed and the activity that he has no knowledge of that makes him out to be monster.

ANSWER:         Start here: Your husband has five convictions. Irrespective of whether he has five felony convictions, five misdemeanor convictions or a mix of both, he has five convictions. Therefore, few, if any judges, want to address correcting his NCIC (criminal history). No judge cares about removing from his record five arrests that were eventually dismissed, because your husband has five convictions.  By analogy, it is like coming home and finding that the dog has chewed on all of your shoes and pissed on the couch. You are mad. Then your neighbor explains that everyone`s house on the block except yours has been burglarized.  Are you grateful for the dog at that moment, or are you still mad about the shoes and the couch?  Your husband has prior arrests, where the system worked, and charges were dismissed.  Few judges are going to help you expunge his record of dismissed charges, because he has a hard time finding work, because the judge knows that your husband may have committed the charges but the prosecutor could not put the case together. The point is the system worked, just like the dog in protecting your house. However, the system is clearly imperfect, like the dog chewing your shoes, because if it were perfect (perfect prosecutor, perfect witnesses) your husband might have nine convictions. I suspect that the question stems from his inability to find a good paying job. However, it is not just the criminal history that is preventing him from getting a job, it is the attitude and behavior that leads to 12 of 15 arrests (remember some were not him) and five convictions that prevents him from finding meaningful work. I also suspect that because he cannot find meaningful work, you will not be able to afford the attorney that could clear up ten arrests that either were not your husband or were dismissed. I would charge about $ 25,000, because I would have to research every offense and pull fingerprint cards and police reports. It is crazy amount of work. I wish you the best of luck.

Answered By Lawrence Lewis - Criminal Defense Attorney

Felony violation of probation

QUESTION:    Does a felony violation of probation of first offender show up on a background check after the probation is finished?

ANSWER:      First, 1^st offender does not keep you out of jail/prison, or seal or expunge your criminal record. IF you successfully complete 1st offender, your GCIC (criminal record) will reveal your arrest charges, plea charges (if different from the arrest charges) and the disposition of your case (1st offender).  Second, if you violate probation while on 1st offender, and the judge determines (after a hearing) that you have violated your probation, the judge will adjudicate you and on that date you will have a conviction, which will certainly appear on your record.

 Answered By Lawrence Lewis - Felony Defense Attorney in Atlanta

When can I get a criminal conviction expunged from my record?

QUESTION:         When can I get a criminal conviction expunged from my record?

ANSWER:      A felony criminal conviction, a misdemeanor criminal conviction, a 1^st offender disposition, a nolo plea, an Alford v. North Carolina plea, and a conditional discharge will not be expunged from your record.

Answered By Lawrence Lewis - Criminal Defense Attorney in Lawrenceville

Can a county State court be sued for listing a criminal record

Question: Can a county State court be sued for listing a criminal record as a felony instead of a misdemeanor for the past 7 years?

Answer: The county state court does not list it as a misdemeanor, the GBI lists the gravity of offenses. Of course, I also love when people that have no money and criminal convictions talk about suing someone. Lawyers like money, so no attorney will take the case for free. All of the county governments are short of money, so they are not going to offer you anything for a settlement. When you try the case to a jury, no jury is giving a criminal (felony or misdemeanor) money, because their feelings were hurt.

Answered By Lawrence Lewis - Felony Defense Attorney in Atlanta

How do I select a good attorney?

If you are searching websites for an attorney to represent you in a criminal matter, personal injury case, worker's compensation case, medical malpractice case, divorce case, or even real estate transaction, then you either:

[ ] do not know you should have a trusted family attorney, or family friend, that practices law, refer you to an attorney that can address your legal problem; or

[ ] do not have a trusted family attorney, or family friend, that practices law.

If you have a trusted family attorney, or family friend, that practices law, then you should forsake your electronic search for an attorney, and rely on your family friend's legal acumen, experience and reputation in referring you to an attorney. 

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I hired a contractor paid him in full never completed work the work he did was

Question: I hired a contractor paid him in full never completed work the work he did was shoddy and he sexually harassed me i feel i should be reimbursed because he robbed me of hard earned money and lied for over a month and he showed up drunk and was calling me while he was drunk i have an unlevel pool no deck and am out 3800 hundred dollars

Answer: This is not lawguru, not the vent. I would love to know the rest of the story. How did you select him? What made you go with him? Was he the cheapest? Less learned! The goal in everyone's life should be surround themselves with certain people who know what they are doing, pay them for their advice and follow their advice: a doctor, an attorney, a mechanic, and a contractor. If you are still getting ripped off in your search for any of those four, you have been wasting a lot of time and money (probably in a search for the cheapest or free). Good luck. 

Answered by Lawrence Lewis - Criminal Defense Attorney in Atlanta

How do I select a good criminal defense attorney?

February 2011 will mark the start of my twelfth year as a criminal defense attorney.  I spent the first four and a half years, after graduating from Cornell Law School, working as a state prosecutor, both in Philadelphia, Pennsylvania and Atlanta, Georgia. The last eleven years, I have defended individuals accused of all types of crimes.  During those fifteen years, I worked an average of seventy hours a week, and saw my fair share of justice and lunacy. 

If you have been arrested and/or charged with a criminal offense, you are about to enter the arcane world of criminal law. My first piece of advice in selecting a good criminal defense attorney is similar to the advice offered in selecting a good attorney: Have a trusted family attorney, or family friend that practices law, refer you to a criminal defense attorney. If you do not have such a resource, then you need to take heed of the following advice.

When searching for an attorney you should be focused on two things: energy and experience.  You need to find an attorney that possesses both.  You want to avoid attorneys that have graduated from law school in the last three years, because while they may have a lot of energy, their lack of experience means they will be learning to practice law with your case.  You want to avoid attorneys that have graduated more than fifty years ago, because while they may have a ton of experience, they are often unable to return phone calls or stay awake in court.

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I was with a minor that was shoptlifting. I didn't know she was shoplifting

Question: I was with a minor that was shoptlifting. I didn't know she was shoplifting. I was picking out clothes for her and she was trying on stuff and I was holding her purse for her as well as mine. We switched purses mistakigly and she ended up putting things in her purse as well as mine. We walked out the store and were stopped the man said he saw her putting stuff under her dress. They are charging me with shoplifting and I have to go to court what should I plea?

Answer: You should plead guilty for being clueless: (1) no prosecutor or judge is going to believe that you are in a store with a shoplifter, and you don't know anything about it, and are being used to assist in the shoplifting; (2) no attorney shoudl believe that is what occurred; and (3) IF it did occur, you have the worse judgment in friend selection. You cannot plead not guilty, because you cannot try the case yourself. You cannot plead not guilty because you do not intend to retain an attorney. You cannot plead not guilty, because you have no intention of telling your public defender the truth. So, plead guilty, get probation and explain ti to your future employers why you have a shoplifting conviction. Good Luck.

Answered by Lawrence Lewis - Theft Defense Attorney in Lawrenceville

Top Five Reasons Not to Hire a DUI Attorney to Address Your Non-DUI Felony

Potential clients seeking information about the criminal justice process often ask if I specialize in the exact offense with which they are charged.  Of course, no criminal defense attorney specializes in juvenile burglary cases, domestic violence between same sex partners cases, or grandparent child molestation cases.  The reality is there is probably not enough business in any particular area of criminal law to justify additional specialization beyond criminal defense.  I suspect this is true throughout the United States, with one exception: Driving Under the Influence (DUI). 

Driving under the influence (aka driving while intoxicated) is the one area where a number of attorney, especially young attorneys (i.e. graduated from law school in the last four years) choose to specialize.  I suspect there are a number of reasons for that: (1) there are a number of CLE (continuing legal education) classes that focus specifically on training attorneys to defend DUI classes; (2) attorneys that teach other attorneys how to defense DUI cases can justify fees charged for tuition by explaining the voluminous number of DUI arrests every month (DUI arrest numbers are monitored religiously, and that area of criminal defense is actively promoted); (3) DUIs represent the greatest number of police arrests every month, because in our culture “everything is better with alcohol;” (4) DUI clients come from every socio-economic group, and as such many can pay hefty fees for their DUI defense (unlike many criminal clients, DUI client have money to spend on their defense); and (5) unlike other clients, DUI clients are not folks who have had a great deal of contact with the justice system, so they are more anxious and frightened than the average criminal – a fact that the DUI attorney exploits to his advantage.  Irrespective of the reasons why, it is important to note there are more attorneys specializing in DUIs than in any other area of criminal defense.  Unfortunately, many of these DUI attorneys promote themselves as criminal defense attorneys, claiming that they can handle any type of misdemeanor, juvenile or felony case. 

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I went to the hospital because of a fight I got into with my boyfriend

Question: I went to the hospital because of a fight I got into with my boyfriend. It was a misunderstanding and I have no desire to press charges and have not asked to press any charges. A detective called and said I had to come to the station to sign papers saying I had no intent on pressing charges but according to my boyfriend his lawyer thinks I shouldn't go down there.

also, I'm not sure if it's important but the police did respond to the incident when 911 was called for an ambulance to get me to the hospital. are police always dispatched when 911 is called or did someone tell the police to come?

Answer: Very interesting. Why did you need an ambulance for a misunderstanding? I suspect that now that you have called 911, there will be some follow-up investigation. When 911 is called it means there is an emergency, not a misunderstanding. When 911 was called, did you specifically ask for ambulance, probably NOT, which is why the police responded. When the police reponded, you probably gave them a brief desciption of what occurred before you were transported. So, now the police intend to follow-up. Good luck.

Answered By Lawrence Lewis - Criminal Defense Attorney in Lawrenceville

Top Five Fights That Lead to Domestic Violence

Irrespective of whether it is a mild push or a violent beating, domestic violence (aka family violence) is particularly disruptive to the constructive development of each family member.  The accused is typically arrested and jailed, the victim’s esteem is negatively affected, and every family member that witnesses or hears the assault is placed in the precarious position of choosing sides.  Much of the domestic violence that occurs can be avoided by avoiding the behavior or arguments that lead to domestic violence.  The top five fights that lead to domestic violence typically center around: 

(5) Drinking (alcohol) or drug use

(4) Cheating or womanizing

(3) Time

(2) Money 

(1) Poor communication

Substance abuse, primarily alcohol consumption, dominates many fights that lead to domestic violence. Unfortunately, most sober spouses choose to confront the drinking spouse while the drinking spouse is under the influence of alcohol or drugs, which is the worse time to argue about the substance abuse.  If there is going to be any confrontation, the sober spouse should try and press the issue when neither spouse is under the influence of alcohol.  The typical scenario goes like this:

Husband arrives home extremely late and extremely drunk.  Of course he cannot carry on an intelligent conversation, but the wife, who has had a challenging day herself, is fed up with the drinking, broken promises that come with drinking and irresponsibility.  So, she confronts the drunk husband and fight ensues, replete with shoving, punching and furniture being overturned.

As the sober spouse, if you choose a sober moment for the confrontation, you can often avoid the 911 calls, bail bond expenses, and domestic violence attorney expenses.  

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My 19yr old on was arrested for underage consumption. Does he need a lawyer?

Question: My 19yr old on was arrested for underage consumption. He has never been in any trouble. Does he need a lawyer?

Answer: Yes, I believe that he needs an attorney. Even if the judge places him on probation there may be some effect on his driver's license. I would never go into court without an experienced attorney.

Answered By Lawrence Lewis - Traffic Citation Attorney

Can I trust my public defender?

Q: Can I trust my public defender?

A: MAYBE, it depends on your level of maturity.  There are a number of reasons the system does not work.

THE TOP FIVE REASONS THE PUBLIC DEFENDER SYSTEM DOES NOT WORK

When a criminal defendant indicates that he is unable to afford an attorney, the judge will often appoint an attorney.  This court appointed attorney represents the defendant at a minimal cost, often just the cost of appointment, which is currently fifty dollars ($50) in Georgia.  Irrespective of whether the indigent criminal defendant is represented by the public defender, court appointed counsel (private attorney that agrees to take court appointed work), or a conflict defender, the relationship is often strained, and the system fails to work.  There are a number of reasons the system does not work:

(5) Clients arrested for criminal offenses have poor judgment.  This should be no real surprise.  Some poor choice has led to the arrest.  Either the criminal client has elected to knowingly participate in criminal activity, OR associate with others who he knows frequently engage in criminal activity.  Either the criminal client has deliberately placed himself in a dangerous locale, OR has followed some friend to a den of iniquity.  I have yet to represent the honor student on his way home from chemistry lab that gets caught up in the drug raid.  I am sure some attorney has, just not me.  Irrespective of how the arrest occurred, the client often gave the officer arresting him plenty of reason to arrest him.

After he is arrested and assigned an attorney to represent him, the criminal client begins the relationship by referring to the court appointed attorney has a “public pretender” or “free lawyer”.  Only an insane person would think it is a good idea to insult the only person standing between the criminal client and a lengthy prison sentence, and justify the insult as a means of motivating the attorney to do more on his case than the next defendant. 

The public defender (aka court appointed attorney) is analogous to public transportation.  When you have no private automobile, the bus will get you there.  It will not pick you up at your door step, or drop you at the front door of your destination.  It may require you to wait before it arrives, and require that you stand during the trip.  It may take longer to get to your destination because other stops must be made.  However, it does get you to your destination, and it is much better than walking.  Similarly, the public defender knows the law, the judge and the prosecutor.  The public defender cannot spend any more time with the client than is necessary to communicate with the client.  The PD cannot be the criminal client’s friend, that is not his job.  If the client charged with a crime thinks the PD cannot properly represent him, if the PD does not get to know the client by spending five hours a week with the client, then the client has poor judgment, because the PD is fighting the charges, not the allegation that the client is a bad person, of low morale character. 

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I was charged with a possession charge,but i beat the charge

Question: I was charged with a possession charge,but i beat the charge.at the time of the arrest i had some money on me and the police took it.i beat the charge and i was wondering how can i receive the money back they took from me.

Answer: If the police took the money in forfeiture, you must fight the case in civil court. If the amount is less than $ 500, law enforcement might just give it back. If the amount is more than $ 1000, you will probably have to get an attorney.

Answered By Lawrence Lewis - Criminal Defense Attorney

Why should I attend anger management classes?

Q: Why should I attend anger management classes?

A: Anger management classes are the most underutilized resources in the criminal justice system.  If conducted properly, anger management will give you a great deal of insight into why you do what you do.

IT IS NOT ABOUT THE ANGER

                Often times when a person is convicted of some type of family violence, the judge will sentence the person to attend anger management classes, in an effort to help the person learn skills to diffuse or redirect anger, and learn more constructive ways to express anger.  If the person attending the classes is open to the instruction, then he will acquire some tools to diffuse his anger.  If he is really lucky, he will gain some insight into where his anger comes from. 

Anger is often a secondary emotion, which we jump to in order not to feel the pain or vulnerability of the initial emotion.  So, while there may be a great deal of anger in the workplace, at home, at school or on the internet, the anger comes from very different emotional places.  For example, when one person feels afraid, the fear is often quickly replaced by anger.  Fear is associated with being a victim, or being weak, while anger has the power of a victor.   Similarly, hopelessness is associated with being fragile or dependent.  So, the more hopeless a person feels, the more that emotion may demonstrate itself as anger.  Betrayal, shame, jealousy, almost any emotion that has a negative impact on a person’s emotional state can be replaced by anger.  The effect is to feel the anger, rather than the true emotion. 

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By Lawrence Lewis - Felony Defense Attorney - Deposit Account Fraud Lawyer

Felony Defense Attorney

Question: My husband is 43 years of age and has never been in trouble before...We had just got papers for him to appear in court on June 17, 2011 for charges back about 2 years ago...This happen in Madison County GA...He is charge with theft by taking-felony...He had taken some old mobile home axles on someone property for scrap to get money...This is his first offense...He is sorry for doing this and we are worried if he will serve any time for this? Can you give us and answer? Is it possible that he could just get a fine and probation..main thing is worried if he could serve time or will serve time is what we would like to know...He just made a wrong decison of thinking.....thanks!

Answer: Because he has no prior record, the judge will probably give him probation, community service and a fine. While you may think that is fantastic news, I reality it is not fantastic news. Why? Because you have indicated that your husband is dealing with hard times. First, he will have a harder time finding employment with a felony conviction. Every week people call asking how to get the charge (where they happily agreed to probation) expunged from their record, because they cannot find employment. The conviction will not be expunged. Second, related to the hard time, if he cannot meet his obligations while on probation, or stops reporting to probation because he cannot meet his obligations (probation supervision fee, community service b/c he does not have gas for the car), or has another lapse in judgment, the judge will send him directly to jail. While no one thinks about violating probation, half of the justice system deals with probation violations. Therefore, I would suggest trying to hire an attorney to assist you. 

Answered By Lawrence Lewis - Felony Defense Attorney

Lawrence Lewis is an armed robbery defense attorney

In Georgia, robbery is defined as the taking of the property of another from the immediate presence of another, and is distinguished from other types of theft.  When Mr. X enters Ms. Y’s residence without her permission and removes her property without Ms. Y’s knowledge that is a burglary (O.C.G.A. § 16-7-1), not a robbery.  When Mr. X enters Ms. Y’s automobile without her permission and removes her property that is an entering auto (O.C.G.A. § 16-8-18), not a robbery.  When Mr. X, armed with a firearm or weapon, takes Ms. Y’s vehicle by force, or intimidation that is a hijacking of motor vehicle (O.C.G.A. § 16-5-44.1), and may also be an armed robbery.  Both armed robbery and hijacking a motor vehicle carry a mandatory minimum punishment of ten years in prison, but while hijacking carries a maximum punishment of twenty years in prison, armed robbery carries a maximum punishment of life in prison, which means thirty years in prison, before the defendant is eligible for parole.

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Lawrence Lewis - Sex Crimes Defense Lawyer

Question: In 2007 I was accused of sexual battery by an adult girl. The investigator on the case wanted me to come "talk" to him. I asked if I was under arrest, he said no. So I didn`t speak to him. Now, in 2011, the came out to my house and arrested me, with a warrant. The obtained a search warrant for my DNA and swabbed my cheeks. What I am not understanding, is why this is taking so long to now come to a head. I have gotten tickets and other dealings with the police since 2007 and this warrant was never brought up, which makes me wonder when the warrant was issued, if it was issued any time in 2007 or 2008, why was I not picked up then? Do I have any "defense" in the statute of limitations or speedy trial type avenues? I have not been "in hiding" and have lived in the state continuously as well.

Answer: True, you were not in hiding, but you were also NOT trying to "talk" to the investigator. So, it took the amount of time it needed to take without your cooperation. I suspect that you are not charged with sexual battery, but aggravated sexual battery, because they took your DNA. The statute of limitation on aggravated sexual battery is seven years. So, that is NOT an issue. As to speedy trial demands, you arenot entitled to a speedy trial demand until you are arrested. You just got arrested, so that is NOT an issue either. I`m curious are you really complaining about how long things took, when you did NOT cooperate. Not that you have to cooperate. But are you rellay complaining

Answered By Lawrence Lewis - Sex Crimes Defense Lawyer