Friday, December 28, 2012

Robbery Defense Attorney in Gwinnett County

Question: I have a question regarding a legal matter. I thought maybe you could give me some advice or at least point me in the right direction.

While on probation for a possession of cont. subst. charge. My boyfriend was arrested on Dec 15. 2007 for robbery and another possession charge. Because he was on probation they revoked his bond. In 2010, he went to court and was sentenced to 15 years (eight years to serve and seven years on paper). His public defender told him he would receive time served for the 458 days he spent in county prior to his sentencing. However, the final disposition does not stipulate this. Also, GDOC has given him a max possible release date of 2017. If he received time served his max possible release date should be 2015 or 2016. Thus making him eligible for parole sooner. Who would we need to talk to about looking into this? Is this something that had to be on the final disposition? The court appointed attorney assigned to his case was not very helpful the whole time. They had video footage of the suspects at a nearby hotel changing clothing. However, she never presented it because she said it was not a great quality and very "grainy" and they wouldn't be able to tell that it was not him on the camera. She told him if he didn't accept the plea deal he could go to trial and he would be looking at life, if he loss. She sounded sure he wouldn't be able to prove he didn't do it. So he plead out to the lesser charge as his attorney advised. However, there seems to be no documentation available concerning the amount of time served he received. What can we do?

Answer:  You are talking about two separate things: (1) the case is over (so all of the info that could have challenged his being placed in jail is moot); and (2) the failure to get credit for time served means you need to retain an attorney to file a motion to clarify sentence. Click here for info on retaining the right attorney 

DUI Attorney 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.

After any DUI or DWI (driving while intoxicated) arrest in Georgia, there are actually two different types of cases pending against the driver:


FULL ARTICLE IS AVAILABLE AT

Monday, December 24, 2012

Armed Robbery Attorney Atlanta

Question: My fiancĂ© was sentenced to 20 years serve 17 for armed robbery. He will have done 10 May 2013. I know GA imposes a mandatory 10 without parole for the 7 deadly sins violent crimes. However; after completing 10 years in May 2013 will he be eligible for parol?

Answer: IF he was sentenced to 17 for armed robbery, he will probably serve the entire 17 years. Click here to see information on armed robbery offenses

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. 

FULL ARTICLE IS AVAILABLE AT
http://www.lawrencelewispc.com/pages.php?go=pinfo&PID=49

Thursday, December 20, 2012

Drug Offense Lawyer in Lawrenceville, GA

Question: Arrested with 5 Ritilin and 3 Adderall pills And 6 Xanax and 4 kolonopin pills. This was in GA. I live in NC. I have scripts but did not take scripts on road. Can I write letter to magistrate with letter from doctor to try to get out of it.

Answer: Were all of the meds in their original containers? If not, then you still will be guilty of an offense, even with the note from your doctor. Therefore, you need an attorney.

Answered by Lawrence Lewis - Drug Offense Lawyer in Lawrenceville, GA

Criminal Defense - Expungement

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.

    O.C.G.A. § 35-3-37(d)(1) provides the best evidence of why a person should retain an experienced criminal attorney immediately.  If the attorney is able to convince the prosecutor that the charges were brought incorrectly, then the accused may get both a dismissal, and an expungement.

FULL ARTICLE IS AVAILABLE AT
http://www.lawrencelewispc.com/pages.php?go=pinfo&PID=96

Sunday, December 16, 2012

Family Attorney in Lawrenceville

Question: I have discovered that my ex husband has been to my house on at least two occasions at night while I was gone to work and stole property worth about $1000 from me. My sons have located the property hidden at his place of employment. The property was taken sometime after I was granted a TPO against him but I don't know if it was all taken before the divorce was final. He didn't get the property in the settlement and was under a court order not set foot on the premises at any time or remove anything at the time he took it. Can I file charges against him? Is there any chance of getting my stuff back?

Answer: You can report it to the police and inform the prosecutor's office. Good luck.

Answered by Lawrence Lewis - Family Attorney in Lawrenceville

Juvenile Attorneys in Atlanta


 Criminal cases impacting minors (children under the age of 17) are handled differently than those where adults are arrested.  The criminal courts have long recognized that a child’s developing mind is not able to comprehend and appreciate the consequences of certain behaviors.  Therefore, for juveniles accused of a criminal offense, the courts focus on education and rehabilitation, rather than strictly punishment.  Although delinquency petitions, where criminal offenses are allegedly committed by a child under the age of 17, may be the most common type of case addressed in Juvenile Courts in Georgia, there are actually five types of cases (also known as petitions) addressed in Juvenile Courts: 

1.  Delinquencies (where a criminal offense is allegedly committed by  a child under the age of 17);
2.  Unruly/Runaways (where a parent files a petition against a vehemently disobedient child under the age of 18);
3.  Truancies (where a school official files a petition, alleging the child refuse to attend school);
4.  Deprivations (where Department of Family and Children’s Services (DFACS) investigates whether the parents are providing for the health and welfare of the child); and
5. Termination of the Parental Righs. 

FULL ARTICLE IS AVAILABLE AT

Wednesday, December 12, 2012

Traffic Citation Lawyer in Gwinnett County

Question: Do I have the right to pull over in an area I fell more comfortable in if the police are flashing me down?

Answer: You have no right to elude police, and you could be charged for not stopping. If you are in area that seems unsafe, try to slow, signal as best as you can to the officer where you are pulling over, and do so in a short but safe distance. If you have a cell phone, call 911 to alert the officer as to what you are doing. This is not a suggestion to drive for miles.

Court Dates - Pre-Trial Hearings

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).

Generally, the substance of a pretrial conference for a criminal case is the same as that for a civil case.  At the conference the judge or magistrate may make rulings on pre-trial motions, eliminate repetitive evidence, and set schedules.  If a preliminary issue arises after the pretrial conference, a party may request a special pretrial hearing with the court to address the issue.  Typically, whatever is not addressed at the pretrial hearing is resolved in court on the first day of trial, out of the presence of the jury, in a motion in limine.

FULL ARTICLE IS AVAILABLE AT
http://www.lawrencelewispc.com/pages.php?go=pinfo&PID=27

Saturday, December 8, 2012

Drug Offenses Lawyer in Atlanta

Question: I'm on felony probation for drugs and have violated once for non report. Then i violated with a new misdemeanor theft by taken. Now i have a warrant for the new arrest, what is my max penalty?

Answer: Your max penalty depends on how much time you have left on probation. If you have three years left on probation, then the judge can take three years. UNLESS you plead first offender, which may allow the judge to re-sentence you to even more time.

Answered by Lawrence Lewis - Drug Offenses Lawyer in Atlanta

Court Dates - 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.

Full article is available at
http://www.lawrencelewispc.com/pages.php?go=pinfo&PID=29

Tuesday, December 4, 2012

Shoplifting Attorneys in Lawrenceville

Question: You are in store with a friend and the friend steals something, are you guilty also or can you get arrested too?

Answer: You can get arrested, if loss prevention believes that you are involved. See website for info on retaining the right attorney

Preliminary Hearing Attorney Atlanta

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.

FULL ARTICLE IS AVAILABLE AT
http://www.lawrencelewispc.com/pages.php?go=pinfo&PID=31

Friday, November 30, 2012

Shoplifting Misdemeanor Attorney in Gwinnett County


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 IS AVAILABLE AT

Wednesday, November 28, 2012

Criminal Defense Attorney in Lawrenceville

Question: My fiancee has left me for my best friend and both of them were given keys to my home long ago. They are no longer welcome here. If they enter my house before I have a chance to change the locks, are they breaking the law and what is my recourse?

Answer: They are not breaking the law, when they use keys that you have provided them.

Available at

Forgery Defense Attorney in Georgia


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.

Available at

Saturday, November 24, 2012

Family Attorney in Lawrenceville

Question: I have been charged with reckless conduct after my four yr old granddaughter wondered off. I thought she was at the neighbors playing so I did not check on her. while there she wondered off and into a highway. It was not unusual for her to be at the neighbors for 2 or 3 hrs playing inside. Child services took my children that Friday and they were returned that Monday. I did not know I was being charged with anything until i was at the jail house and I asked the officer if I was being arrested and what for. He was Hispanic and got upset because I could not give him the neighbors name, just that they were Mexican. I knew the neighbors name but could not recall it at the time.My mind was reeling from the fact that my child was in the street. I would like to know my rights. I have asked for a bench trial and they say I make to much for a court appointed attorney. I live from check to check with no extra what so ever.

Answer:  So, IF I understand you correctly, you will be representing yourself pro se at a bench trial. I suspect that will not go well. See website for tips on how to represent yourself: click here

How Can I get conviction expunged?


QUESTION:         When can I get a criminal conviction expunged from my a record? 
ANSWER:      A felony criminal conviction, a misdemeanor criminal conviction, a 1st offender disposition, a nolo plea, an Alford v. North Carolina plea, and a conditional discharge will not be expunged from your record.

FULL Article is available at

Thursday, November 22, 2012

Check Fraud Attorney in Lawrenceville

Question: I cash a check in 2008 that turned out to be fake a warrant was issued for my arrest in 2008 also i got locked up for the charge in 2010 and i was just indited June 2012 my ? Is is the statue of limitations expire because the sol on forgery in GA is 4 yrs when would have the sol time start ticking

Answer:  Is the date on the indictment more than four years after the warrant date? Were you at the same address the entire time? IF police are looking for you at a known address and you are not there, you do not get credit for floating around. See website for info on retaining the right attorney: Click here

How do I select a good attorney?


If you are searching websites for an attorney to represent you in a criminal matterpersonal 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. 

First, attorneys respond to attorneys.  It is far easier to get an attorney to return another attorney's phone call.  Each attorney recognizes that the other is busy, and will explain the issue in the most succinct manner possible.  The referring attorney will probably not minimize the legal problem, or the possible alternatives.  Neither will the referring attorney give an exasperating explanation of the legal problem, only to end with, "by the way, they have no money."  If the referring attorney violates these aforementioned rules, he will soon find that his colleagues will not return his phone calls.

FULL ARTICLE IS AVAILABLE AT

Tuesday, November 20, 2012

Family Attorney in Lawrenceville

Question: I am being charged with harassing phone calls when it was the only number to reach my husband after he walked out on me and our kids and now because I called a lot over and over because he was hanging up on me after not showing up for our little boys birthday can he really do this? he is trying to get a warrant for my arrest

Answer: You are guilty of harassing phone calls. You do not get to call a deadbeat dad 50 times to try and make him a not deadbeat dad. He can do it, and IF he has the history of calls you will be arrested. 

Answered by Lawrence Lewis - Family Attorney in Lawrenceville

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.

FULL ARTICLE IS AVAILABLE AT

Wednesday, November 14, 2012

Criminal Defense Attorney Atlanta


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:

FULL ARTICLE IS AVAILABLE AT

Saturday, November 10, 2012

Criminal Attorney in Lawrenceville

Question: I'am wondering if I complete 1st time offender in Georgia will it go off my record

Answer: No, it will be on your record forever

Answered by Lawrence Lewis - Criminal Attorney in Lawrenceville

Armed robbery defense lawyer


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.


In Georgia, there are four different types of robbery:

(1) Simple robbery (O.C.G.A. § 16-8-40(a)(1)) where one person takes the property of another from the immediate presence of another by use force;

FULL ARTICLE IS AVAILABLE AT

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

Thursday, November 8, 2012

Expengement

Question: I am 24 and have my CNA certification. I have had 3 simple assault, simple battery charges. Can I have them expunged? Or work as a CNA in GA?

Family Violence Attorney Lawrenceville


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

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

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

FULL ARTICLE IS AVAILABLE AT

Tuesday, November 6, 2012

Traffic Citation Attorney Atlanta

Question: OK, I was pulled over in north GA for a tag light out, as the officer approached my car he he said "I pulled you over because you have a tag light out" he then asked me if he could search my car. He quickly explained that he liked to pull people over whether the were doing anything or not and see if he could have a look around. I told him I was not comfortable with him searching my car as it was trashed, to which he replied "I can bring out the dog if I need to(he was a k-9 officer). Now I will say I was wrong to have a beer open that had spilled in my floorboard. The officer changed the subject to where I was going etc. I began to tell him, and halfway through my explanation, when the officer asked why he smelled beer. I told him about the beer(of which I had taken literally two sips of, I even asked three times for a breathalyzer test. As I got to the back of the car, a second officer put me up against my car and informed me he was going to check me for weapons, he patted me down and began going through my pockets. He pulled out a collapsible pipe that was smaller then a lighter, wasn't weapon shaped or even by feel identifiable as even a pipe. The k-9 officer held it up and said " now I'm going to search your car, if you are honest with me and tell me about anything you have maybe ill go easy on you. So rather then let him rip my car apart, I told him there was about a gram of weed in the drivers door. I was cuffed, strip searched at the jail, and stuck in the drunk tank with no bedding for 3 hours starting at midnight. Now I've read lots of conflicting things online, most say they cant reach in your pocket unless they feel a weapon, and I also read that they cant use illegally gained evidence to get other evidence. I feel I screwed myself telling him, I don't smoke in my car for just this reason, and had I not been in the middle of moving wouldn't have even had the stuff on me. I'm 34 with no priors, is there any way to avoid a charge for possession? Did they toe the legal line? I get sick at my stomach every time I think about how I was treated for a few sips of a beer . I mean its a small town, and I had a flat billed NY Yankee hat on, but I wasn't doing anything to warrant searching etc. is there anything I can do? Or, if not, whats your advice?

Answer: You created all of this drama. You had marijuana in the vehicle, pipe in your pocket and drinking beer (oh, sorry sipping) in the vehicle, and now you want to play victim. As long as the tag light is out, the officer can legally stop you. Once he stops you, the officer can legally inquire about a search. The law allows for pretextual stops. The officer can ask you to step out of the vehicle, and can pat you down for his safety. Once the officer feels a weapon or drug paraphernalia (plain feel law), he can reach into your pocket and pull the item out. While you maintain that it is not easy to discern that it is a pipe, the officer at the motion to suppress will testify that as soon as he felt it he knew it was a pipe. If the pipe had any residue, then the officer has power to arrest you, and search the vehicle. You told him where the marijuana was. So, that is the end of the story. Now you choose whether to retain an attorney or not, because you cannot argue the motion, because you do not know what you are doing. Click here for info on retaining the right attorney

Protective Order Hearings Lawyers


PROTECTIVE ORDER HEARINGS – RESTRAINING ORDERS

 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.

FULL ARTICLE IS AVAILABLE AT

Sunday, November 4, 2012

Identity Fraud Attorney Lawrenceville

Question: What happens if someone else uses your property for bond without your knowledge?

Answer: Someone must use your name, which is a crime. Click here to read identity fraud crime. 

Answered by Lawrence Lewis - Identity Fraud Attorney Lawrenceville

Violation of probation attorney


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

Avoid the Typical Result in a Georgia VOP Case

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

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.

FULL ARTICLE IS AVAILABLE AT

Friday, November 2, 2012

Criminal Defense Attorney in Atlanta

Question: My fiance and I were charged with  misdemeanor animal cruelty charges, because one of our dogs buckets wasn't clean enough, one dog has used the bathroom in his kennel and we hadn't had time to clean it that morning and when he spilled his water it made it look as if it hadn't been cleaned in days, we had one dog who we told them had health problems and wasn't in the best condition, but because we didn't take her to the vet, we were treating her at home, they said it was animal cruelty. The party who pressed charges against, I personally have negative history with. The judge basically looked over their evidence and judged us by what they had to say and didn't believe anything we said. We were both given a 1000 fine, 1 yr on probation, and 30 days jail time, which we have to do 8 days a month for 4 months. The jail time is causing a hardship on my job and with my children. Our public defender had us enter a blind plea under nolo contender. Am I able to appeal the jail time or ask for other arrangements?

Answer: You entered a plea and were found guilty. You can file a motion to modify sentence and ask for a modification of the sentence. However, there is no appeal to the sentence after a guilty plea. Good luck.

Answered by Lawrence Lewis - Criminal Defense Attorney in Atlanta

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;

FULL ARTICLE IS AVAILABLE AT
http://www.lawrencelewispc.com/pages.php?go=pinfo&PID=43

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.

Wednesday, October 31, 2012

Drug Defense Lawyer Lawrenceville

Question: 1) Is there any case law that draws a distinction between a conspiracy to possess with intent to distribute drugs and a conspiracy to distribute drugs?

2) Is the objective of a conspiracy important to prove beyond a reasonable doubt whether there has been an agreement or not?

Answer: It is not an academic question or a question to be solved by way of case law. IT IS A QUESTION FOR THE JURY TO ANSWER. There is no distinction between distribution and possession with intent o distribute when it comes to conspiracy, because there must be at least two individuals, at least one had to have possession of drugs. As for agreements, the prosecutor does not have to establish a written contract or handshake or joint bank account. If one person is a drug dealer, and the other drives the first person everywhere and receives payment, the jury can easily find there is a conspiracy as it relates to drugs.  

Answered by Lawrence Lewis - Drug Defense Lawyer Lawrenceville

Violent Crime Attorney 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: 

FULL ARTICLE IS AVAILABLE AT

If you have been charged with a violent crime in metro-Atlanta or the surrounding areas, and you would like to speak with a qualified criminal defense attorney, call a violent crimes attorney at Lawrence Lewis, P. C. today at (678) 407-9300. 

Monday, October 29, 2012

Lawrenceville Criminal Defense Attorneys

Q: What effect does reversal and remand have on an original indictment? Is it still in force or does the government need to issue a new indictment? Are the conditions relating to the original indictment (bond/supervision) still in force?

A: IF a conviction has been reversed in its entirety (not one out of three charges), and remanded, it typically means that the prosecutor goes forward again to trial with the indictment as drawn. No new indictment need be drawn, unless the reason it was reversed was the language in the indictment. The conditions relating to the bond are still in effect.


Atlanta Traffic Ticket Attorney

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: 

FULL ARTICLE IS AVAILABLE AT
http://www.lawrencelewispc.com/pages.php?go=pinfo&PID=45

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

Saturday, October 27, 2012

Drug Offenses Attorney Lawrenceville

Question: I was arrested for possession of a fire arm and intent to distribute weed.... If this is my first felony charge and I plea my first offenders will I face jail time?

Answer: 1st offender does not keep you out of jail/prison. It only provides that you have no felony conviction. So, your record, your facts and your prosecutor dictates what your actual plea offer will be. Click here for info on how plea offers are constructed  

Answered by Lawrence Lewis - Drug Offenses Attorney Lawrenceville

Drug Offenses Lawyers


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. 

FULL ARTICLE IS AVAILABLE AT

Keyword: Drug Offenses Lawyers, Lawrenceville Drug Offenses Attorneys, Atlanta Drug Offenses Attorneys,  Drug Offenses Lawyers in Gwinnett County

Thursday, October 25, 2012

DUI Attorneys in Lawrenceville

Question: Having a problem finding a job due to past criminal background check. The charges are 10 to 12 years old. They are not felonies, but are misdemeanors. I have been told that there was nothing I could do at this point to ride them. I am praying that there is another route I can go.The charges are like one shoplifting and DUI`s. Please Advise

Answer: There are no do-overs in life. You earned the shoplifting and DUI. So, you will carry them for the remainder of your life. Click here to read expungement

Answered by Lawrence Lewis - DUI Attorneys in Lawrenceville

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.