Someone was arrested under my name and skiped bail...

Question: Someone was arrested under my name and skiped bail and now i have a warrant under my name and i can prove it wasnt me and i went to sherriff dept. but they say they wont take off the warrant unless the person turns themselves in,but now i caint get jobs because of it and its ruining my life can i sue the county?

Answer: Let me get this right, you yourself went to the sheriff's dept. and inquried about an open warrant. The sheriff verified that there is an open warrant for your arrest, and let you wak out of the jail without arresting you. Naw, that didn't happen. Try again. They told you they will not take off the warrant, and let you walk out of the jail. Naw, that didn't happen. In regards to your job search, you will probably end up losing the job you get once you are stopped for a traffic violation and the warrant pops up, because you are going to be arrested. Can you sue the county? Sure you can. You need to find an attorney, pay him and then file a lawsuit. Of course if I had money for an attorney, I would pay him to resolve the warrant, and the fact that someone is using my identity. However, you should proceed in the manner you think is best.

Answered By Lawrence Lewis - Criminal Defense Lawyer Lawrenceville, Traffic Violation Attorneys

Can I trust my public defender?

Q: Can I trust my public defender?

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

THE TOP FIVE REASONS THE PUBLIC DEFENDER SYSTEM DOES NOT WORK

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

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Lawrence Lewis - Criminal Defense Attorney, DUI Attorneys in Lawrenceville

Criminal Defense Attorneys Bufford

Question: Is it legal for the police to come in and take your hand gun and charge you and leave some weapons and after you get put on probation years later come back and lock you up for the same weapons they left the first time isn't that entrapment?

Answer: I don't know if it is legal, but I know that it is not entrapment. Entrapment is where the police convince you to do something that you would never dream of doing on your own.

Answered By Lawrence Lewis - Criminal Defense Attorneys Bufford

Why should I attend anger management classes?

Q: Why should I attend anger management classes?

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

IT IS NOT ABOUT THE ANGER

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

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

Criminal Defense Attorneys Atlanta

Question: If I damaged property accidentally and never got charged can they come back and charge me later?

Answer:  You have a statute of limitations question. If the property that you damaged was less than $ 500, the state has up to one year to charge you. If the property that you damaged was more than $ 500 then the state has 4 years to bring an accusation or indictment. 

Answered By Lawrence Lewis - Criminal Defense Attorneys, Criminal Defense Attorneys Atlanta

How do I find a mentor?

I have attended a number of seminars since school formally ended in 1995.  I have repeatedly heard different speakers recommend that audience members seek out mentors.  While I suspect that it is widely accepted that acquiring a mentor is invaluable for gaining in-depth insight and experience in a particular area, I also expect that most people are like me in that they either: (1) do not want to pay for mentoring (if money is involved it starts to smell like tutoring, not mentoring); and/or (2) do not know where to begin their search for a mentor.  Some folks go to church for their guidance, but I have found that the pastor quoting First Peter, chapter 3, verse 7 [“likewise, ye husbands, dwell with them (wives) according to knowledge, giving honor unto the wife”] – does not help me gain any actual knowledge into how I need to conduct myself as a husband.  I continue to search for mentors in the five areas most germane to my life: 

1. Transformational Growth
2. Health 
3. Finance and Money 
4. Marriage  
5. Child Rearing 

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Criminal Defense Attorney in Lawrenceville

Deposit Account Fraud Attorneys

Question: GA Question - If a check is tendered for the purchase of an item (located in, purchased from & removed from GA), the check is disallowed & the check maker removes the item to TN, can a warrant be sworn out for theft by deception? What code section would apply? 

Answer: The offense might be forgery (depending on how the check is disallowed), deposit account fraud, theft by deception or theft by taking. 

Answered By Lawrence Lewis - Deposit Account Fraud Attorneys, Theft Defense Attorneys Lawrenceville

Armed robbery defense attorney

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

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Lawrence Lewis is an armed robbery defense attorney primarily practices in Gwinnett County

DUI Attorney Lawrenceville

Question: What is most likely to happen to a military member who gets in trouble for riding a motorcycle without a license and gets in a accident

Answer: The same thing that would happen to a non-military member who gets into an accident without a license.

Answered By Lawrence Lewis - DUI Attorney Lawrenceville, Traffic Ticket Lawyers Lawrenceville

Family Violence Attorneys

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.

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Keywords: Family Violence Defense Lawyers, Family Violence Attorneys, Lawrenceville Family Violence Attorneys

Criminal Defense Attorneys Canton, DUI Attorneys Lawrenceville

Question: My boyfriend has been issued a subpoena to testify in a criminal case for which he was initially arrested but released on bail. No charges have been filed against him, but he's worried about incriminating himself. Is there a possibility of being charged?

Answer:  Your boyfriend has received a subpoena, because he is a possible witness against the armed robber. The armed robber will receive a subpoena when it is your boyfriends turn to go to court. The subpoenas are automatically generated by the computer. The computer was programmed that way, because the prosecutor is required to give the defense notice of any witness that will testify at trial, or risk not being able to call that witness. So, your boyfriend's name appears just in case the prosecutor reaches a deal with him, and forgets to put his name on the witness list. If your boyfriend is charged with robbery, then he should assert his fifth amendment privilege, which will negate all this talk about him being called for trial. Even more interesting is why have you not asked your boyfriend's attorney. Does he have an attorney, or is he playing the ostrich game. The ostrich game: I make bond, consult with no attorney, stick my head in the sand, and hope that I never have to deal with the charges. If the prosecutor is pursuing the armed robber, they will be coming for your boyfriend next, and may even cut a deal with the armed robber to get your boyfriend. SO, I suggest get your head out the sand and get an attorney.

Answered By Lawrence Lewis - Criminal Defense Attorneys Canton, DUI Attorneys Lawrenceville

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:

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Protective Order Hearings Lawyers, Restraining Orders Attorney

Criminal Defense Attorneys Cumming GA

Question: Can the DA charge you with an offence in one county that happen in a different county?

Answer: Yes, if he thinks that he can prove that it occurred in his venue.

Answered  by Lawrence Lewis - Criminal Defense Attorneys Cumming GA

Violation Of Probation

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.

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Whether the underlying offense was DUI, domestic battery, drug charges, shoplifting or theft charges, contact us today to schedule a consultation.

Criminal Defense Attorney

Question: My husband has been incarcerated for 2.5 months now. He has not received a court date or any info regarding his case. How long can a detention center hold someone who has not been found guilty before giving a court date or a conviction?

Answer: Difficult to answer this question, because it is multiple questions in one. How long can he be held? Probably up to 3 years. How long can he be held without a court date? If he has an attorney that doesn't know what to do? Probably about 12 months. The question is not how long can eh be held, but what does he intend to do when he gets to court. If he has a murder case, the attorney will not be ready for another 4-5 months for trial. So, he will be held until the attorney is ready to deal with the case. 

Answered by Lawrence Lewis - Criminal Defense Attorney 

Sex Crime Attorney 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:

(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;


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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.

Theft Defense Attorneys Buford

Question:  What kind of sentence In the state of Georiga theft by taking and theft by deception have?

Answer: Felony theft and/or theft by deception carries a maximum of ten years. The most likely punishment is a function of the accused's criminal history, the value of what was taken,the age of the victim, the prosecutor, the judge and the skill and experience of the defense attorney.

Answered By Lawrence Lewis - Theft Defense Attorneys Buford

Violent crimes attorney

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: 

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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. 

Can you go to jail for calling someone a nigger?

Question: Can you go to jail for calling someone a nigger?

Answer: Yes, you can be arrested for disorderly conduct by uttering fighting words.

Answered By Lawrence Lewis - Criminal Defense Attorney, DUI Attorneys Doraville

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.  


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

Criminal Defense Attorneys Gwinnett County

Question:  How long does it take to receive a court date affter the case has been handed over to the prosecutor?

Answer: It depends on what stage it is at, and what the charges are. See court dates, which explains what each court date involves

Answered By Lawrence Lewis - Criminal Defense Attorneys Gwinnett County

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. 

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Criminal Defense Attorneys Doraville, DUI Attorneys Lawrenceville

Question:  If a put person is arrested and given a bond, but has a hold on them from another county for charges they didn't go to court for 5 years ago, is it better for them to bond out of the county they are in now & go to the county that they have a warrant holding them in? Will it speed up the process of resolving the 5 year old case if they are bonded out of the county they are in now & sent there? will the county that has the hold on him issue a court date anyways for the 5 year old charges that he didn't go back to court for, while he is in another county for different charges?

Answer: It doesn't matter. If the case that is five years old is a felony the judge probably will not issue the person another bond, because the person has been absent for five years. If that case can be resolved with a plea, then it might make sense to bond out, and then plea out on the other case. Except the plea will either be jail, which the person does not want, or probation, which the person probably cannot do. Probation requires that you follow directions, and for the last five years the person has refused to man-up and handle his responsibilities.

Answered By Lawrence Lewis - Criminal Defense Attorneys Doraville, DUI Attorneys Lawrenceville

DUI Attorneys 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:

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Armed Robbery Defense Attorneys Atlanta

Question:  If in jail on arm robbery charges with no witnesses no evidence first time offender can you be convicted if u were coersed into a statement,in other words can u be convicted off of only a statement

Answer: No witnesses. The police do not have the person that was robbed at gun point. No, then you have nothing to worry about. The case will be dismissed. The robbery victim will appear in court. Then you are screwed, because they have an eye witness to the robbery, even if the robbery victim cannot ID you. Would you like to know how I know they have an eye witness to the crime, other than the victim? You told me. You testified against yourself when you admitted to the armed robbery. IF LA is anything like GA the entire confession is on DVD for the whole world to see. 

Armed Robbery Defense Attorneys Atlanta

FrDeposit 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.

 

First, there are a number of different “paper crimes,” including:

 

(1) Identity Fraud (O.C.G.A. § 16-9-121(a)) is defined as willfully and fraudulently (1) without authorization or consent, using or possessing with intent to fraudulently use, identifying info concerning a person; (2) using identifying info of an individual under 18 over whom the accused exercises custodial authority; (3) using or possessing with intent to fraudulently use identifying info of a deceased individual; (4) creating, using, or possessing with intent to fraudulently use any counterfeit or fictitious identifying info concerning a fictitious person; or (5) creating, using, or possessing with intent to fraudulently use any counterfeit or fictitious identifying info concerning a real person.    

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Deposit Account Fraud Forgery attorney, 

Criminal Defense Attorneys Atlanta

Question: Is it a violation of law for an attorney to advise their client not to return a motor vehicle that has been listed on the NCIC system while they are awaiting trial for theft by conversion?

Recently in a court of law an attorney spoke up when the judge asked their client why the vehicle had not been returned when the client had been indicted for the theft. The attorney replied that he thought the charges were unfair and he advised his client to keep the vehicle. Just before the trial the vehicle was located and seized.

Answer: The attorney advises the client based on the information received from the client and the attorney's level of experience. I cannot tell you if the attorney violated any law. You would probably need a consult for that.Click here to see how to select the right attorney

Answered By Lawrence Lewis - Criminal Defense Attorneys 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