Criminal Defense Attorney in Lawrenceville

Question: Can the government break the law to get you to do the same? Can a federal agent lie under oath? Can the police put a drug and gun sting in a school zone? Can the police put a shot range in a school zone?

Answer: The government can break the law to deter crime. The police can arrange (solicit) for the purchase of drugs in order to arrest people selling drugs.

Can gn a federal agent lie under oath. Of course he can lie, just like anyone else. Should he lie under oath? No. Does the law allow him to lie under oath? No. But the fact that you ask that question means that you are not taking into account his perception of events. You have your view, which you think is the only view. Nothing else to say about that.

Yes, the police can put a drug and gun sting in a school zone. Refer to the beginning of this post.

I don't know what a "shot range" is, so I cannot answer that question.

Answered By Lawrence Lewis - Criminal Defense Attorney in Lawrenceville

Mental Health Problems

There are a myriad of mental health problems that unfortunately often lead to arrests for criminal offenses.  However, many of these problems do not have to result in lengthy periods of incarceration, as long as the accused can be properly diagnosed and medicated.  Here are the major mental health problems I have seen firsthand when assisting clients in resolving criminal arrests: 

DEPRESSION 

Depression is typically characterized by a depressed mood or irritable mood, and: 

1. Markedly diminished interest in things normally found pleasurable 
2. Insomnia/hypersomnia
3. Fatigue/loss of energy 
4. Weight loss or weight gain (or nearly daily serious change in appetite) 
5. Observable psychomotor agitation or retardation 
6. Excessive guilt or feelings of worthlessness 
7. Significantly diminished ability to concentrate, and/or 
8. Recurrent thoughts of death or suicidal thoughts/ideation 

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Child Abuse Attorney in Atlanta

Question: If a child molestation occurred 8 years ago in ga. Is it to late to file charges?

Answer: It depends on when the child turned 18 years old. You need to research statute of limitations, or even better schedule a consult with an experienced attorney. 

Answered By Lawrence Lewis - Child Abuse Attorney in Atlanta

Burglary Defense Attorney

In Georgia, burglary is defined as entering the dwelling of another without authority with the intent to commit a felony or theft.  Intent to steal or commit a felony need not be formed at the precise moment of entry, but can be formed thereafter while the perpetrator is remaining on the premises. State v. Jones, 291 Ga. App. 296 (2008).  Although burglary is often regarded as a type of theft crime, Georgia recognizes that any non-theft felony (e.g. aggravated assault, aggravated stalking) can give rise to a burglary charge.  More importantly, it is not necessary to actually commit a theft or felony, in order to complete the crime of burglary.State v. Alexander, 279 Ga. App. 683 (2005).  As long at the intent in entering the premises is to commit a felony or theft, the burglary statute (O.C.G.A. § 16-7-1(a)) permits the prosecutor to seek an indictment for the offense of burglary. 

            Unlike other states, forced entry is not an element in Georgia. State v. Gray, 291 Ga. App. 573 (2008).  Unlawful entry occurs when a person breaks the plane of the structure.  In other words, when a person passes over or through a window or door, without authority, and with the intent to commit a theft or felony, a burglary occurs. 


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 Burglary Defense Attorney

Criminal Defense Attorney in Cumming Area

Question: I couldn't afford an attorney so the state had me apply for a public defender and they gave me one. She is now asking for attorney fees. I am confused because I thought they gave me HER because I couldn't afford one.

Answer: Before you contact the PD's office or the State bar of Georgia make sure you know what you are talking about. A court appointed attorney is not the same thing as a public defender. Public defenders cannot accept money and cannot work on your out of county matter. Conversely, a court appointed attorney can be appointed on your drug case in Fayette County and receive a fee from you to work on your violation of probation in Hall County, because those are two different matters. If the court appointed attorney is asking for money to represent you on the charges the court appointed was assigned to work on, then he is doing something wrong. If you ask the court appointed attorney if you can get a better deal if you hire the attorney privately, and the court appointed attorney quotes you a fee, that is NOT the same as the attorney asking for money. Make sure you get the story straight. Good luck.

Answerd By Lawrence Lewis - Criminal Defense Attorney in Cumming Area

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.

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Murder Defense Attorneys in Atlanta 

Expungement - Criminal attorney

For whatever reason many folks are under the impression that a criminal conviction can be or will be expunged or sealed after some finite period of time.  Nothing could be farther from the truth.  Whether the accused has entered a guilty plea (i.e. I did it and I am ready to take responsibility for doing it), a nolo contendere plea aka nolo plea (i.e. I am not contesting the evidence the state will offer to the judge), an Alford plea (i.e. I am not guilty, but having looked at the evidence against me, I think it is in my best interest to enter a guilty plea), or a first offender plea (i.e. this is the first trouble I have ever been in), the arrest and disposition of the case will be available for all to see, forever.  

    Expungement only becomes a possibility when someone is trying to get an “arrest” off of his/her record, not a “conviction”.  In Georgia, O.C.G.A. § 35-3-37 controls expungements. An arrest expungement is fairly simple if an individual has been arrested, and: (1) is released by the arresting agency prior to the case being  referred to the prosecuting attorney (i.e. District Attorney or Solicitor General); or (2) the prosecuting attorney dismisses the charges without seeking an indictment or filing an accusation. O.C.G.A. § 35-3-37(d)(1).  In effect the statute views the arrest as a mistake, and as such it should not remain on the person’s criminal history.


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Main point to remember: A conviction will not be expunged, but an arrest can be expunged.  If you are the type of person that will not want an arrest to appear on his record, then you need to retain an experienced criminal attorney as soon as possible. 

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

Bench trials and jury trials

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.


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Burglary Defense Attorney in Lawrenceville

Question: My little cousins was arrested the other day. One of them was charged with burglary and obstruction and the other was just charged with obstruction. The story is that they tried to break into a house and the neighbor called the police and when they arrived (they never entered the house)they ran while running they supposely threw a knife they were carring and one of my cousins was caught and took back to the house and 3 witness said they saw him and he was charged with Burglary. My other cousin got away but later the police came to his house and got him but due to the fact he got away the witness didnt have the chance to point him out so he was just charged with obstruction. The police questioned them about the Burglary and another burglary that happened the previous day in the same neighborhood so they are taking prints on the knife which im sure both of there prints will come up on and they said they had nothing to do with the crime or the burglary the day before and was just at the wrong place at the wrong time. They are both out on Bond right now, they are 17 and its there first offense. what is the most likely honest outcome of this situation? And how long before a court date and what will happen with the knife thing?(i heard its bad to have a weapon during a Burglary)is there still a chance my cousin who got away can still be bought up the burglary? we are in Georgia

Answer: How do you think the cousin that got away was identified? The cousin that was caught told on him. When they get indicted by the grand jury, they will both be indicted for burglary and possession of tools for the commission of a crime. What will happen to them is a function of what they are doing while they are on bond. Shcool and community service equals probation. Hanging out, smoking marijuana and not school equals jail time. Good luck.

Answered By Lawrence Lewis - Burglary Defense Attorney in Lawrenceville

Preliminary Hearing serving Lawrenceville

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.


Preliminary Hearing serving Lawrenceville

Criminal Defense Lawyer Atlanta

Question: I just found out today after letting a friend stay the night at my house that she was wanted and am now trying to be pursued charges for aiding and bedding a wanted person. i had no idea that she was even wanted, can they still pursue these charges? if so, what can i do to get out of this since i had no clue what was going on?

Answer: The fact that you write that you had no ideas not going to change anything for the prosecutor. Let us imagine for a second that you absolutely knew that your friend was a fugitive. What would you say to the prosecutor? You would say, I had no idea, because if you say I have no idea, maybe the charges will be dismissed. So, irrespective of whether you knew or not, the prosecutor expects you to say that you did not know. Ergo, your saying you didn't know doesn't mean anything. I suspect that you need to get the "right" attorney.Hiring an attorney that has no reputation for trying cases will lead to a plea. Hiring an attorney that has a reputation for trying cases, may lead to a dismissal.

Answered By Lawrence Lewis - Criminal Defense Lawyer Atlanta

Calendar Call - Gwinnett County Criminal Defense Attorneys

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.


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Gwinnett County Criminal Defense Attorneys

Criminal Defense Lawyer in Duluth

Question: My boyfriend was arrested on some serious charges the other day. That night, the lead investigator came to me and said he would not charge me for the same crimes if I acted as a witness. I was scared and I accepted his arrangement. Because I was threatened with jail and the possibility of YEARS in jail, I told him what he wanted to hear. The things I told him implicate my boyfriend and myself. Now I dont want to testify because I feel its wrong that what I said could ruin his life. Im willing to face contempt of court but is it possible to avoid that by refusing to testify due to my fifth ammendment rights? I cant implicate my boyfriend without implicating myself right? I don't trust the investigator to just let me go just like that.

Answer: Here is how it will go. You will assert your fifth amendment privilege. The prosecutor will grant you immunity from prosecution, thereby eliminating the fifth amendment privilege. Then when you refuse to testify the judge will ordered you jailed in contempt of court until you decide to testify. I have not seen anyone last more than a week in jail. I would love to read an answer by any other attorney, because I assure you they are guessing as to what will happen. I have lived thru it on more than half a dozen occasions.

Answered By Lawrence Lewis - Criminal Defense Lawyer in Duluth

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 Lawrenceville

Rape Defense Attorney in Lawrenceville

Question: I met a man, we started seeing each other. In our first intimate encounter he forced me to have unprotected sex without my consent. I got pregnant. Now he laughs that it is my problem and nobody can make him responsible. I don't want to keep the pregnancy. What legally can I do in that case? Can I get compensation for moral and physical suffering?

Answer: What can you legally do if you do not want to keep the pregnancy? That question answers itself. Can you get compensation for moral suffering? What is moral suffering? IS moral suffering where you begin to be intimate with a person, change your mind, the person continues, and you have regrets about the foreplay? Can you get compensation for physical suffering? Do you mean from the rape? Why are you not talking about him going to prison for life? Interesting. 

Answered By Lawrence Lewis - Rape Defense Attorney in Lawrenceville

Bond Hearing - Criminal Defense Attorney in Gwinnett County

 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.

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Robbery Defense Attorney in Lawrenceville

Question: I was working the night my store became the target of an armed robbery. Two men came in with guns and robbed our store. Even had a customer present at the time. The men still have not been caught. When they are caught, can I sue them for endangering my life during the commission of their robbery?

Answer: Sure you can, but clearly you are not that bright. How much money do you think folks that rob stores at gunpoint have. How many investment properties? If they are convicted, they will spend a minimum of ten years in prison. If they have committed more robberies, they may spend 20 or 30 years in prison. Can you wait 30 years for your lawsuit?

Answered By Lawrence Lewis - Robbery Defense Attorney in Lawrenceville

The 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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 Criminal Defense Attorney in Lilburn

Child Cruelty Defense Attorney in Lawrenceville

Question: I was charged with contributing to the deprivation of a minor because my child had a diaper rash. Can this charge stand in court?

Answer: No one is charged with deprivation because of a diaper rash. What you call a diaper rash, the medical community will probably call something else. Write back with the medical terminology, so everyone can see what the medical personnel observed.

Answered By Lawrence Lewis -  Child Cruelty Defense Attorney in Lawrenceville

The first appearance hearing

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.

Criminal Defense Attorney in Atlanta

Question: How many times can a person be reindicted on the same charges?

Answer: If you asking the question correctly, the answer is twice. If the charges were dismissed at the preliminary hearing, and have not reappeared, that is not a re-indictment. 

Answered By Lawrence Lewis - Criminal Defense Attorney in Atlanta

Recent Trials

CASE: State of Georgia v. Jerry Cantrell (10D-5746-5)

RESULT: (September, 2011) Four day jury trial on one count of Cruelty to Animals.  The jury deliberated for more than three hours, and returned verdict of NOT GUILTY.

FACTS: Client, who has loved horses all of his life, had an emaciated horse taken by Gwinnett County Animal Control.  The horse was extremely thin because the horse had an obstruction in his throat, which made it difficult to swallow food. Animal control nursed the orse back to health at a cost of about $2500, which the prosecutor thought was proof that my client was being intentionally cruel to the horse, despite the fact that my client was on a limited income of $600 a month.  In addition to the thin horse, animal control took three other horses,  which appeared fine.  Jury examined both the video and photos taken by Gwinnett County Animal Control before returning a unanimous NOT GUILTY verdict.  

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Criminal Defense Lawyer in Lawrecenville

Question: My son and his girlfriend were attacked by a neighbor. There was a scuffle, my son was on the ground, due to being hit in back of head with a rock by attacker. His girlfriend hit the attacker in the back to get him off my son. Long story short, my son and his girlfriend were arrested and both charged with aggravated assault, and 3 counts of cruelty to children. (girlfriends children were in my son's car and attacker's child was with him). Due to my son already being on felony probation, they revoked 4 years of his probation. When he went to court for the assault charges, DA offered him 10/do 3, & pay $800 in medical expenses for the attacker, told him that was best he could do, if he didn't accept, it would go to state. For fear of it affecting him getting parole, my son, against my advice, took the offer. Now the girlfriend has gone to court and her charges were reduced to simple battery, all the child endangerment charges dropped, she has 12 months probation, no medical bills to pay. She advised me that she had picked up copy of police report and it states that medical attention was refused.

My questions: Is there any chance of getting my son's charges reduced due to girlfriends charges being reduced by DA, and why is my son required to pay $800 in medical bills when medical attention was refused? And, if so, which route should I take, talk to DA, Judge, or what? (As a foot note, I have been told, but no proof of, that the attacker is a known "narc" for this county.)

Thank you for you help.

Answer: Not likely that your son's charges will be reduced. The girlfriend's charges were reduced solely because your son ate the felony charges. Your son is required to pay medical bills, because there were medical bills. The fact that the victim refused medical treatment on the scene does not mean that he refused medical treatment 5 hours later or 2 days later. If you are going to take a route, consider retaining an attorney. The judge will not speak to you outside of the presence of the prosecutor. The prosecutor is happy with the resolution of the case because your son in scheduled to do the next few years in prison.

Answered By Lawrence Lewis - Criminal Defense Lawyer in Lawrecenville 

Shoplifting Defense Attorney in Lawrenceville

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.

Shoplifting Defense Attorney in Lawrenceville

Criminal Defense Attorney in Gwinnett County

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 - Criminal Defense Attorney in Gwinnett County

Do You Know What You Want?

On Sunday, October 23, 2011, I took my two young sons to see Marsha Ambrosia in concert at Center Stage in Atlanta.  I took them because I wanted them to: (1) see how excited people/fans can get about creative artists (not just ball players); and (2) be inspired in thinking about career choices that involve something other than a nine to five in a cubicle.  Despite the fact that my 6 year old fell asleep before Marsha completed her first song, my goal was realized.  However, in realizing my goal, I learned a great deal about myself and my law practice.

           

     We went to see Marsha Ambrosia in concert because I love Marsha Ambrosia.  I think she is a phenomenal talent.  She is creative, sassy and passionate.  However, the idea to attend a concert with my children was born the night I saw Anita Baker in concert at Chastain (an open air amphitheater seating more than 5,000) about seven or eight years ago.  Anita Baker had a pianist on the stage, along with a horn section and back-up singers, that ripped it up.  When I saw the pianist play, I thought I had to bring my children to see this.  I went to

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Criminal Defense Attorney in Gwinnett County

Question: What age in georgia could the victim that was under the age of 16 be brought back to court?

Answer: The question is barely decipherable. I assume that you are asking about a statute of limitations where the victim is under the age of 16. The statute of limitations does not run on a crime against an under age victim until 7 years after the victim turns 18, which means when the victim turns about 15. The prosecutor can bring the victim or the case back to court anytime before that. 

Answered By Lawrence Lewis - Criminal Defense Attorney in Gwinnett County