Monday, May 30, 2011

Drug Offense Attorney in Lawrenceville

Question: My brother caught a drug charge 2 years ago. The court continously rescheduled his court date because he didn't have a lawyer present. The said that they would mail him his next court date and never did. Now he's in jail for failing to appear in court. This is first drug offense. What is he looking at?

Answer: If he is representing himself, he will probably be looking at prison. The fact that you mention it is his first "drug" offense, lets me know it is not his first criminal offense. So, with a prior criminal offense, no real concern about checking with the court for his court date, and no regard for hiring an attorney to represent him, I suspect that your brother will be in a world of hurt when he gets to trial. I already know that he is innocent, which is why he never retained an attorney, because he cannot claim he had no money to hire an attorney, when he has been out walking around on bond for two years. He will have the PD represent him, and he will bust the PDs balls the entire time. I wish him the best of luck. Call me after the conviction.

Protective Order Hearings-Restraining Orders Attorneys in Lawrenceville

 If you have been served with a temporary restraining order and wish to contest the allegations of domestic violence or stalking, then you have come to the right place. The attorneys at Lawrence Lewis P.C. represent respondents who wish to contest a petition for a domestic violence, repeat violence or dating violence injunction.

We represent men and women served with a temporary restraining order in Gwinnett County, GA, or the surrounding counties of DeKalb County, Fulton County, Hall County, Rockdale County, Cherokee County, Cobb County, Forsyth County or Douglas County.

At Lawrence Lewis, P.C., our attorneys thoroughly investigate the allegations made by the petitioner.  Although these hearings take place on an emergency basis, you are entitled to have an attorney that is completely prepared for the hearing. We take the following actions in a restraining order case:

1. At the upcoming scheduled hearing we may request a continuance so that we can confer with the petitioner, subpoena any witnesses to the events, and investigate the prior difficulties between the parties to show whether the claims are false or exaggerated.

Friday, May 27, 2011

How can i get my money back if i beat a drug charge

Question: How can i get my money back if i beat a drug charge

Answer: The money that was seized in forfeiture must be fought for before the case ends. If you do not hire an attorney and fight the civil forfeiture action, you will not get the money back after you beat the case.
Answered by Lawrence Lewis - Drug Crimes Attorney

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.

Wednesday, May 25, 2011

I was convicted of a criminal damage to property and commercial burglary

Question: i was convicted of a criminal damage to property and commercial burglary. i was sentenced to five years jail with five years probation afterwards. i was released after a year & 1/2 and have been on parole for the last 3 years. i am now going to terminate the parole sentence in a couple of months and start the probation part. their are special conditions of the probation--go to an impatient treatment center for drug abuse and intense probation for six months--which translates to basically house arrest. these stipulations were put in place thinking that i would serve the whole five years and start out under these circumstances, however now I am a full time engineering student (with a 4.0) and work full time! how can i get back in front of the judge to amend, change, alter the sentence in GA.

Answer: You hire an attorney, and the attorney files a motion, requesting that the terms of the probation be modified.

Answered By Lawrence Lewis - Criminal Defense Attorney - Burglary Defense Lawyer

Sex offense defense lawyer

People charged with sexual assault or child sex offenses face hostile prosecutors and harsh public opinion.  Most people, even some criminal defense attorneys, are only too willing to believe the worst about those accused of sex offenses.  Our firm knows that not all people accused of sex offenses are in fact guilty of the charges.  We believe that those facing such grave charges deserve the best possible defense and representation.

            At Lawrence Lewis, P.C. we recognize that a conviction for a sex crime will almost certainly result in prison time, lifetime registration as a sex offender, and a permanently destroyed reputation.  In 2006, sex offender laws were overhauled in Georgia, and four (4) sexual offenses were modified to require a mandatory minimum life in prison, which means thirty years in prison before the convicted person is considered for parole.  These include:

(1)   Rape (O.C.G.A. § 16-6-1), which is defined as any penetration of the female sex organ by the male sex organ, forcibly and against the female’s will;


(2)   Aggravated Sodomy (O.C.G.A. § 16-6-2), which is defined as performing or submitting to any sexual act involving the sex organs of one person and the mouth or anus of another, with force and against the will of the other person;
CLICK HERE TO READ THE FULL ARTICLE

Tuesday, May 24, 2011

Felony Defense Attorney - Lawrence Lewis

Question: I would like to know, if a person is on probation from two counties, has been released from prison after doing 4 years, then is picked up on a felony released from jail on a property bond and then a warrant is issued for this person to be picked up by the two counties he is on probation from for "violation of probation" what is the probability of this person returning to prison and about how much time would they receive? the violation was "failure to register as a sex offender" which is a felony in Georgia.

Answer: It's highly likely that the person will return to prison, but a large part of it will depend on the representation he hires

Answered By Lawrence Lewis - Felony Defense Attorney

Contact an experienced violation of probation attorney to assist you

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.

As a result, it is common for people who believe they will be arrested for violation of probation to stop reporting to their probation officer. However, failing to report to your probation only makes the matter worse, insofar as the probation officer has the right to add additional violations (e.g. failing to report to probation, failing to keep probation officer informed of your current address, failing to pay fines/fees, etc.).  If the judge knows that you failed to report, the judge may be less inclined to give you another chance at successfully completing your probation when you are eventually picked up on the VOP warrant and brought before the judge.

CLICK HERE TO READ THE FULL ARTICLE

Saturday, May 21, 2011

How long does domestic violence stay on your background?

Question: How long does domestic violence stay on your background?

Answer:  A conviction stays for life, but an arrest may be expunged.

Answered by Lawrence Lewis - Domestic Violence Attorney

Sexual Offense Attorney in Lawrenceville

People charged with sexual assault or child sex offenses face hostile prosecutors and harsh public opinion.  Most people, even some criminal defense attorneys, are only too willing to believe the worst about those accused of sex offenses.  Our firm knows that not all people accused of sex offenses are in fact guilty of the charges.  We believe that those facing such grave charges deserve the best possible defense and representation. 

            At Lawrence Lewis, P.C. we recognize that a conviction for a sex crime will almost certainly result in prison time, lifetime registration as a sex offender, and a permanently destroyed reputation.  In 2006, sex offender laws were overhauled in Georgia, and four (4) sexual offenses were modified to require a mandatory minimum life in prison, which means thirty years in prison before the convicted person is considered for parole.  These include:


CLICK HERE TO READ THE FULL ARTICLE


If you have been charged with a sex offense and you would like to speak with a qualified criminal defense attorney, call an experienced sex offense defense lawyer or attorney at Lawrence Lewis, P.C. today at (678) 407-9300.

Friday, May 20, 2011

Traffic Ticket Attorney

Question: Can a officer see u driving and come bck hr. later and arrest u for driving with out a license

Answer: Officer sees you driving has all the time in the world to come back and arrest you. The more time between the driving and the arrest, the more the officer has to explain the delay, but as long as he sees you, he does not have to rush to make an arrest.

Answered by Lawrence Lewis - Traffic Ticket Attorney

Violent Crime Defense Attorneys in Lawrenceville

A violent crime is a criminal offense that is committed with the use of violence, or with threats of violence.  When a person commits a violent crime, the violence is usually just a means to an end.  In recent years, violent crimes have escalated in the state of Georgia, especially amongst the adolescent, male demographic.  In hopes of decreasing instances of violent crimes, law enforcement and legislation has become very strict when dealing with violent crime offenders.  People who are convicted of committing a violent crime should expect to spend substantial time in prison, in addition to paying fines, paying restitution and performing community service.  For these reasons, it is very important to consult a violent crimes lawyer when facing criminal charges involving violence.   

The violent crimes defense attorneys and lawyers at Lawrence Lewis, P.C. are dedicated to defending clients who have been arrested for or charged with any type of violent crime in or around the metro-Atlanta area.  According to the law, numerous illegal acts are categorized as violent crimes in the state of Georgia: 

Lawrence Lewis a criminal defense lawyer primarily practices in Gwinnett County, which includes the following cities: Auburn, Berkeley Lake, Braselton, Buford, Dacula, Duluth, Grayson, Lawrenceville, Lilburn, Loganville, Snellville, Sugar Hill and Suwanee.  However, he frequently handles cases in Fulton County (Atlanta, Alpharetta, College Park, Decatur, East Point, Fairburn, Hapeville, Palmetto, Roswell, Union City), DeKalb County (Avondale Estates, Chamblee, Clarkston, Decatur, Doraville, Lithonia, Stone Mountain), Hall County (Gainesville), and Cobb County (Acworth, Kennesaw, Marietta, Powder Springs, Smyrna).  He has also appeared in courthouses in Rockdale County (Conyers), Walton County (Loganville), Barrow County (Auburn, Winder), Forsyth County (Cumming), Cherokee County (Canton, Holly Springs, Woodstock), Douglas County (Douglasville), Butts County (Jackson), Henry County (McDonough, Stockbridge) and Clayton County.  

Tuesday, May 17, 2011

I have court on Monday for shoplifting I was with my friend who was stealing

Question: I have court on Monday for shoplifting I was with my friend who was stealing and I did not know she was but they charged me because I was with her and say that I picked items out and I did because she was purchasing them also I did not know she was stealing and I dont know what to do?

Answer: Your choice is simple: (1) hire an attorney to defend you; or (2) try and argue to the judge that you did not know anything, have the judge not believe you, and then plead to a shoplifting that will remain on your criminal record forever. Good luck.

Answered By Lawrence Lewis - Burglary Attorney in Lawrenceville

Traffic Citation Attorneys in Lawrenceville Gwinnett County

O.C.G.A. § 40-5-20(a) states that no person shall drive any motor vehicle upon a highway in this state unless such person has a valid driver’s license.  Any person who is a resident of Georgia for 30 days must obtain a Georgia’s driver’s license before operating a motor vehicle in this state.  Every licensee shall have his license in his immediate possession at all times when operating a motor vehicle, and shall display the license upon the demand of an officer.  

    The driver with a valid driver’s license may be cited for a multitude of traffic offenses, ranging from speeding, and/or failure to maintain lane, to vehicular homicide.  It is unrealistic to try and address all of the possible traffic offenses here.  So, we will address the most frequent traffic offenses by age group.  


DRIVERS UNDER 18 

If you are under the age of 18 your driver’s license will be suspended if you either: (1) accumulate four (4) or more points in any consecutive 12 month period; or (2) are convicted of one of the following offenses: 



CLICK HERE TO READ THE FULL ARTICLE


Keywords: Traffic Citation Lawyer, Traffic Ticket Attorney, Qualified Traffic Lawyer, Gwinnett County Traffic Ticket Attorney, Atlanta Traffic Ticket Attorney, Lawrenceville Traffic Citation Lawyer

Sunday, May 15, 2011

Can two superior court judges of the same circuit have subject matter jurisdiction

Question: Can two superior court judges of the same circuit have subject matter jurisdiction and personal jurisdiction over the same defendant`s case at the very same time? If not, where is the OCGA rule that states this? If not a OCGA rule,any binding rule of the court will do. Please HELP!

Answer: A vague question like that, without facts, and which confusingly mixes criminal and civil terms (indicating the lack of knowledge on the true issues), gives you an answer of "maybe, maybe not." Obviously, a person charged with a crime needs a lawyer and that is the person who answers the questions like this. If you need research, go to a law library.

Answered By Lawrence Lewis - Criminal Defense Attorney

Drug Offenses - Criminal Defense Attorneys

Federal and state drug possession laws make it a crime to knowingly and willfully possess illegal controlled substances such as marijuana, methamphetamine, cocaine, LSD, and heroin. These laws also criminalize the possession of "precursor" chemicals used in drug cultivation and manufacturing, as well as certain accessories related to drug use.  Drug possession laws vary according to drug type and amount of the drug.  Possession of small quantities may be deemed “simple” possession (O.C.G.A. § 16-13-30(a)), while possession of larger amounts may result in a charge of possession with intent to distribute (O.C.G.A. § 16-13-30(b)) or trafficking (O.C.G.A. § 16-13-31). 
Drug crimes spring from a wide variety of fact patterns.  At Lawrence Lewis, P.C., we have represented people who have been accused of growing, selling, producing, importing, delivering, possessing and trafficking drugs.  The drugs involved in these cases have included cocaine, heroin, methamphetamine, ecstasy and marijuana.  In addition, in recent years, law enforcement and prosecutors have begun to rely on wire taps and other clandestine surveillance techniques to apprehend and prosecute individuals suspected of involvement in the drug trade.  The use of wire taps has added great complexity to the defense of individuals accused of drug offenses, and overwhelmed most novice criminal defense attorneys.  Few attorneys have handled as many wiretap cases as Lawrence Lewis. 

Friday, May 13, 2011

I was charged with 3 felony counts of financial transaction card fraud

Question: I was charged with 3 felony counts of financial transaction card fraud and have been offered the pre-trial intervention program. Basically what happens is you plead guilty and then have to go through classes and be on probation for like 2 years and not get arrested any during that time and when its over your charges get taken off your record. That seems like a good deal because this is my first time ever being arrested but then again I do not want to plead guilty because I don`t think I am. What happened was and also what it says in my written statement is that my cousin called me once a week for about 2 months because she had been stealing her moms debit card and needed a ride to the ATM machine. So i would take her and she would get me to go inside for her because she said she didn`t want to be seen by anybody that knew her mama. So i would go inside and get how much she told me to get usually between 100 and 200 dollars and bring it back out to her then we would go to Mcdonalds and then i would drop her off and went home. She was also charged with the exact same thing, but i want to know legally am i guilty even though I did not benefit anything the whole time? And what is the best thing to do at the pre-trial intervention? Should i plead guilty and go through the program or plead not guilty and get a lawyer?

Answer: Your "real" cousin would call you, hand you a debit card with your "real" aunt`s name on it, then ask you to go into the bank, because she did not want to be seen my anyone that knew your aunt. Is that correct? And at no time did you find that suspicious? You know both your aunt and cousin, but that scheme did not seem suspicious to you? In the two months that your cousin was asking you to help her steal from your aunt, you never once bothered to make a cell call to your aunt to ask any questions? Should you take the pre-trial diversion? Absolutely NOT. First, you write that you did nothing wrong, and did not benefit. Second, if you have so little insight into what is going on in your own family (cousin`s relationship with aunt) and so little sense to see that your cousin is stealing from your aunt, you will never make two years on probation. Within six months you are going to violate your probation, when some other thief or drug dealer convinces you to participate in some hair-brained plan that seems legitimate to you. You need a jury trial. I think if you put these facts to any jury outside of Fulton or DeKalb county you will be found guilty. However, in Fulton and DeKalb County jurors know there are folks walking around without the good sense that God gave them, and that is where your hope lies. I suspect that you are in Fulton ro DeKalb, because no other county would offer you this sweetheart deal that you are describing here. Plead guilty to three felonies and get your record expunged. That doesn`t even sound correct, but you can write us again in two years Good luck.

Answered By Lawrence Lewis - Felony Offense Lawyer

Driving Under The Influence - DUI Lawyer in Lawrenceville

If you or a loved one has been arrested for Driving under the Influence (DUI), you need to retain an experienced DUI Lawyer.  Lawrence Lewis, P.C. provides a full-service approach to your DUI defense from the ALS hearing to protect your driving privileges, to the motions hearings and trial.  Hiring an experienced attorney early in your case is crucial to protecting your privilege to drive and increasing your chances of avoiding a DUI conviction.
In Georgia there are a number of ways to get arrested for DUI.  By statute, any person in physical control of any moving vehicle, can be arrested for being under the influence of: (1) alcohol, whether the person’s alcohol concentration is .08 grams or the person is just less safe; (2) controlled substances, like cocaine and marijuana; (3) prescription medication; (4) glue, aerosol or other toxic vapor; or (5) any combination of two or more of these substances.

Thursday, May 12, 2011

My daughter is being charged with a party to a crime

Question: My daughter is being charged with a party to a crime I believe it may be related to a burglary what I would like to know what are her options if any as far as her sentencing goes, and what is the maximum sentence?

Answer: A person charged as a party to a crime faces the same potential sentence as the person accused of commiting the actual crime. Therefore, I would need to know what crime she is a party to. If it is burglary, she faces 1-20 years in prison. If her criminal record is not horrific, then she will probably be on the lower end of the sentencing range. Her options are simple: (1) retain an experienced attorney; (2) go with the public defender; or (3) represent herself. Representing herself is crazy. And depending on to whom she is assigned, having the PD represent her may also be crazy.

Answered By Lawrence Lewis - Criminal Defense Attorney

Deposit Account Fraud Forgery attorney

In these tough economic times, some folks have acted in desperation, writing checks for goods and services either hoping there will be enough money to cover the check, or worse, knowing there is not enough money in their accounts to cover the checks.  Most don’t realize that writing a bad check is a criminal offense, and that more and more businesses receiving those bad checks are pursuing criminal warrants.  Unlike violent crime (e.g. armed robbery, aggravated battery), “paper crimes” are often viewed as less serious offenses.  Nonetheless, prosecutors are recommending, and judges are handing out, steep penalties, including substantial jail time for individuals convicted of paper crimes.  Often times the severity of the sentence depends on: (1) the criminal offense at issue; (2) the number of prior convictions for paper crimes; and (3) the amount of money involved.
CLICK HERE TO READ THE FULL ARTICLE

Lawrence Lewis is a Deposit Account Fraud Forgery attorney primarily practices in Gwinnett County, which includes the following cities: Auburn, Berkeley Lake, Braselton, Buford, Dacula, Duluth, Grayson, Lawrenceville, Lilburn, Loganville, Snellville, Sugar Hill and Suwanee.  However, he frequently handles cases in Fulton County (Atlanta, Alpharetta, College Park, Decatur, East Point, Fairburn, Hapeville, Palmetto, Roswell, Union City), DeKalb County (Avondale Estates, Chamblee, Clarkston, Decatur, Doraville, Lithonia, Stone Mountain), Hall County (Gainesville), and Cobb County (Acworth, Kennesaw, Marietta, Powder Springs, Smyrna).  He has also appeared in courthouses in Rockdale County (Conyers), Walton County (Loganville), Barrow County (Auburn, Winder), Forsyth County (Cumming), Cherokee County (Canton, Holly Springs, Woodstock), Douglas County (Douglasville), Butts County (Jackson), Henry County (McDonough, Stockbridge) and Clayton County.

Monday, May 9, 2011

Criminal Defense Lawyer

Question: When charge with less than a oz of marijuana and a judge say pay 685 is that half are whole amouth do i pay a percent of that?

Answer: You are charged with less than an ounce of marijuana. If the judge indicated that your bond was $ 685, then you may be able to pay a percentage if a bondsman went on your bond. If you entered a guilty plea, and the judge said a fine of $ 685, then you must pay the $ 685 plus teh surcharge associated with the fine. So, there will be a total expense of around $ 1000. Let me suggest this: Because your question is so poorly worded, and indicates such muddled thinking, you may want to refrain from using drugs, and get a bit more education.

Answered by Lawrence Lewis -- Criminal Defense Lawyer

Lawrence Lewis - Murder Defense Attorneys in Atlanta

If you are facing charges on a murder case, we can help.  Homicide or murder is considered by many to be the ultimate crime, which will likely lead to the most severe punishment, if the accused is convicted.  In Georgia, O.C.G.A. § 16-5-1 designates two different types of murder:
(1) Malice murder under O.C.G.A. § 16-5-1(a) occurs when a person unlawfully and with malice aforethought, either expressed or implied, causes the death of another human being; and  

(2) Felony murder under O.C.G.A. § 16-5-1(b) occurs when a person causes the death of another human being, irrespective of malice, during the commission of a felony.


Lawrence Lewis is one of the top  Murder Defense Attorneys in Atlanta and 
primarily practices in Gwinnett County, which includes the following cities: Auburn, Berkeley Lake, Braselton, Buford, Dacula, Duluth, Grayson, Lawrenceville, Lilburn, Loganville, Snellville, Sugar Hill and Suwanee.  However, he frequently handles cases in Fulton County (Atlanta, Alpharetta, College Park, Decatur, East Point, Fairburn, Hapeville, Palmetto, Roswell, Union City), DeKalb County (Avondale Estates, Chamblee, Clarkston, Decatur, Doraville, Lithonia, Stone Mountain), Hall County (Gainesville), and Cobb County (Acworth, Kennesaw, Marietta, Powder Springs, Smyrna).  He has also appeared in courthouses in Rockdale County (Conyers), Walton County (Loganville), Barrow County (Auburn, Winder), Forsyth County (Cumming), Cherokee County (Canton, Holly Springs, Woodstock), Douglas County (Douglasville), Butts County (Jackson), Henry County (McDonough, Stockbridge) and Clayton County. 

Saturday, May 7, 2011

Violation of Probation

Question: Fiance charged with violation of probation for non-reporting in lawrenceville, georgia. Served 34 days so far without a court date. Parole officer promised 2 court dates in which he has yet to follow through with placing it on the court docket. Is this proper procedure? How much time until he is released?

Answer: Is what proper procedure? For the probation officer to not follow through on a promise? Legally, it is fine. Morally, it should also be fine, since your fiance does not follow through on his promise to report to probation. No one knows how much time to his release, because no oneknows what the judge may do. May I suggest hiring an attorney to get him out? Just a suggestion.

Answered By Lawerence Lewis - Violation of Probation Attorney

Criminal Defense - Felony Offense

I was charged with 3 felony counts of financial transaction card fraud and have been offered the pre-trial intervention program. Basically what happens is you plead guilty and then have to go through classes and be on probation for like 2 years and not get arrested any during that time and when its over your charges get taken off your record. That seems like a good deal because this is my first time ever being arrested but then again I do not want to plead guilty because I don`t think I am. What happened was and also what it says in my written statement is that my cousin called me once a week for about 2 months because she had been stealing her moms debit card and needed a ride to the ATM machine. So i would take her and she would get me to go inside for her because she said she didn`t want to be seen by anybody that knew her mama. So i would go inside and get how much she told me to get usually between 100 and 200 dollars and bring it back out to her then we would go to Mcdonalds and then i would drop her off and went home. She was also charged with the exact same thing, but i want to know legally am i guilty even though I did not benefit anything the whole time? And what is the best thing to do at the pre-trial intervention? Should i plead guilty and go through the program or plead not guilty and get a lawyer?


CLICK HERE TO READ THE ANSWER


Answered By Lawrence Lewis - Felony Offense Lawyer

Thursday, May 5, 2011

Trial - Felony Offense Lawyers

There are two types of trials: bench trials and jury trials.  The reasons for agreeing to a bench trial, where a judge sits as the jury, are so few that I won’t waste any time discussing them, but instead turn my attention jury trials.

JURY TRIALS

The defendant’s role is very significant in the trial of his case. As a defendant it is important to remember that you will be the center of attention. Everyone in the courtroom will be watching your movements, facial expressions, gestures and conduct.  Your role during the trial is to make the jury like you; to give them a reason to rule in your favor.  Many will agree that the trial of a case is not reality. It is a fantasy period in which the jury will perceive what the truth is; which may or may not be the same thing as the actual truth.  As such it is essential that you make the best impression possible upon the jury. You must leave them with feelings of honesty, trust worthiness, and goodness. You must be someone the jury wants to help. The following are areas you should consider in the presentation of yourself to the jury.
CLICK HERE TO READ THE FULL ARTICLE


Bond Hearing Attorney - Armed Robbery Lawyers

Pre-Trial Hearrings - Lawrenceville Criminal Defense Attorney

A pretrial conference is a meeting of the parties to a case conducted prior to trial. The conference is held before the trial judge or a magistrate, a judicial officer who possesses fewer judicial powers than a judge. A pretrial conference may be held prior to trial in both civil and criminal cases. A pretrial conference may be requested by a party to a case, or it may be ordered by the court. Generally, the term pretrial conference is used interchangeably with the term pretrial hearing.

A pretrial conference may be conducted for several reasons: (1) expedite disposition of the case, (2) help the court establish managerial control over the case, (3) discourage wasteful pretrial activities, (4) improve the quality of the trial with thorough preparation, and (5) facilitate a settlement of the case.

Pretrial conferences are conducted in criminal cases to decide matters that do not inquire into the defendant's guilt or innocence.   In Georgia, state courts use the pretrial conference in criminal cases to decide such preliminary matters as what evidence will be excluded from trial and what witnesses will be allowed to testify.  The pretrial conference is where the defense attorney has the opportunity to argue any motions to exclude certain prejudicial evidence (i.e. motions to suppress).
CLICK HERE TO READ THE FULL ARTICLE


Criminal Defense Attorney - Lawrenceville Felony Offense Lawyers

Tuesday, May 3, 2011

Calendar Call

Jury trials are a logistical nightmare.  The prosecutor must gather all of the state’s witnesses, each of whom has his own life, employment issues and childcare issues.  The defense must gather all of the defense witnesses, some of whom must come from outside of the state.  The judge, with the help of the bailiffs, must make sure all of the jurors appear in court to hear the testimony of all of the witnesses.  The court reporter must be present to take everything down.  So, she can create a transcript later.  The sheriff is present to provide security in the courtroom, and make sure anyone needed from the jail is transported.  If anyone is missing, everything grinds to a halt.  Jury trials are a logistical nightmare.

Because of the logistical demands of a jury trial, courts have created court dates known as calendar calls, where criminal cases are called to court, so all attorneys (prosecutors and defense attorneys) can announce if they are actually ready for a jury trial.  If the prosecutor or defense attorney is not ready to go to trial, the attorney must explain why they are not ready to go to trial, and when they might expect to be ready to go to trial.  If all parties are ready for jury trial, the judge will either tell all of the parties: (1) report for jury trial on a date certain; or (2) they are on-call, which means they should be ready in the event that the cases which have actually been called in for trial resolve themselves short of jury trial.

Typically, once a case has been placed on the trial calendar, it will be called in every month for calendar call, which means the defense attorney and client/defendant will have to appear each month to announce ready for jury trial, until the case is over.  Failure to appear at any one of these calendar calls will result in a bench warrant for the client/defendant.


Criminal Defense Attorney in Gwinnett County - - 

Arraignment

The arraignment can occur anywhere between three months and eighteen months after the arrest.  At the arraignment, the charges against the accused will be read to the accused by the judge or prosecutor, unless an attorney waives reading of the complaint.  Afterwards the accused will enter a plea or GUILTY or NOT GUILTY.  Sometimes, the judge will address representation at the arraignment.  So, the case will not be delayed.


Criminal Defense Attorney - Traffic Citation Lawyer

Sunday, May 1, 2011

Bond Hearing

 If the Magistrate Court judge cannot set a bond pursuant to O.C.G.A. 17-6-1 (charges that only a Superior Court judge can set bond on, include murder, rape, aggravated sodomy, armed robbery, hijacking a motor vehicle, aggravated child molestation, aggravated sexual battery, trafficking cocaine/heroin/meth/ecstasy, aggravated stalking), the defense attorney may file a bond motion, and request a bond hearing date before a Superior Court judge.  The Superior Court judge will conduct a pre-trial bond hearing, where judge will consider four factors:
(1)    Defendant’s criminal history, and the likelihood that he/she is a risk to commit additional felonies while on bond;

(2)    Defendant’s history of missing court dates, and the likelihood that he/she will flee from the jurisdiction of the court, or fail to appear in court when required;

(3)    Defendant’s character, and the likelihood that he/she poses a threat or danger to any person, to the community or to any property in the community; and

(4)    Defendant’s propensity for violence, and the likelihood that he/she will intimidate witnesses or otherwise obstruct the administration of justice.
If the judge sets a bond, it will be one of four types of bond:

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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By Lawrence Lewis - Armed Robbery Attorney -- Felony Defense Lawyer -- DUI Attorney

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.