Criminal Defense Lawyer Lawrenceville

Question: How much time will I have to serve for not being able to pay a $2,000 fine in GA?

Answer: There is no debtor's prison in GA. You will have to explain to the judge why you cannot pay the fine.

Answered By Lawrence Lewis - Criminal Defense Attorney, Criminal Defense Lawyer 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.

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Georgia Probation Violation Attorney , 

Rape Defense Attorney Lawrenceville

Question: Statute of Limitations when a minor is raped by her physician in Georgia 1986, till now. As an adult, what can she do? He admitted to it, criminal charges were dropped, and she did not receive any private compensation.

Answer: The statute of limitations on criminal rape charge is seven years, but the statute of limitations does not begin to run until the minor child turns 18. So, if she is 26 or older, the matter is closed. I suspect the matter is closed once you write that the criminal charges were dropped. If you are trying to recover money in civil court for a rape that is five or six years old, you have an uphill battle.

Answered By Lawrence Lewis - Rape Defense Attorney Lawrenceville, Rape Defense Lawyer Atlanta, Sex Offenses Attorney Gwinnett County

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;

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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.

Criminal Defense Attorney Cumming

Question: I'm 19 years old and I was at a party and the police came in and gave everyone citations for minor in posession of alcohol but on my citation he didnt say i was drinking or i had a beer in my hand or anything do you think my case will be dissmissed i am a first deffender ive never been in trouble before but since he cant prove i was drinking what should i do should i try to fight it in court or just pay the bond

Answer: Fight it in court or pay the bond? First, there is no bond to pay, because you were never arrested. If you pay anything in court it will be the fine, which means you will have a conviction on your record. Because you seem confused about even the process, I would suggest that you retain an attorney. 

Answered By Lawrence Lewis - Criminal Defense Attorney Cumming, Criminal Defense Lawyer Norcross

Domestic Violence 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: 

• Armed Robbery (see Armed Robbery page)

• Arson

• Aggravated Assault

• Aggravated Child Molestation (see Sexual Offenses page)   

• Kidnapping 

• Rape (see Sexual Offenses page) 

• Voluntary Manslaughter (see Murder – Homicide page) 

• Murder (see Murder – Homicide page)  

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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. 

Simple Battery Defense Attorney Lawrenceville

Question: What's the statue of limitations for simple battery charge in Georgia? Can the victim drop the charges after a warrant is issued?

Answer: The statue of limitations for simple battery charge in Georgia is 2 years. You can't drop the charges.

Answered by Lawrence Lewis - Simple Battery Defense Attorney Lawrenceville

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 Attorney Lawrenceville

Question: If there is no audio, can a CI's (with criminal history) testimony along with the Investigator's Testimony of a controlled buy be enough to support a conviction beyond reasonable doubt? Is there any kind of grounds to a directed acquittal, or would this be something for the jury to decide?

Also are there any rules/Guidelines of how a controlled buy must be supervised (eg. Searched before/After, Watched entering the property.. stuff like that)

Answer: Yes. There are many grounds for a direct acquittal, which means that a jury has been selected and a skilled attorney has corss-examined the state's witnesses, and proven that there is not enough evidence to go to a jury. Do you have a skilled defense attorney? There are no statutory rules governing a controlled buy. Everything concerning the controlled buy would need to be argued to a jury. 

Answered By Lawrence Lewis - Criminal Defense Attorney Lawrenceville, Criminal Defense Lawyer Atlanta

Lawrenceville Drug Offenses Attorneys

Federal and state drug possession laws make it a crime to knowingly and willfully possess illegal controlled substances such as marijuana, methamphetamine, cocaine, LSD, and heroin. These laws also criminalize the possession of "precursor" chemicals used in drug cultivation and manufacturing, as well as certain accessories related to drug use.  Drug possession laws vary according to drug type and amount of the drug.  Possession of small quantities may be deemed “simple” possession (O.C.G.A. § 16-13-30(a)), while possession of larger amounts may result in a charge of possession with intent to distribute (O.C.G.A. § 16-13-30(b)) or trafficking (O.C.G.A. § 16-13-31). 

 

Drug crimes spring from a wide variety of fact patterns.  At Lawrence Lewis, P.C., we have represented people who have been accused of growing, selling, producing, importing, delivering, possessing and trafficking drugs.  The drugs involved in these cases have included cocaine, heroin, methamphetamine, ecstasy and marijuana.  In addition, in recent years, law enforcement and prosecutors have begun to rely on wire taps and other clandestine surveillance techniques to apprehend and prosecute individuals suspected of involvement in the drug trade.  The use of wire taps has added great complexity to the defense of individuals accused of drug offenses, and overwhelmed most novice criminal defense attorneys.  Few attorneys have handled as many wiretap cases as Lawrence Lewis. 

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

Traffic Citation Lawyer Lawrenceville

Question: Is a citation for loitering considered an arrest in georgia?

Answer: An arrest is where handcuffs are placed on a person. A citation is where a ticket is issued for the person to appear in court at a later date. So, a citation is never an arrest.

Answered By Lawrence Lewis - Traffic Citation Attorney, Traffic Citation Lawyer Lawrenceville

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:

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Drug Offenses Attorney Lawrenceville

Question: My friend was charged with possession of marijuana with intent to distribute in March of this year and this was his first offense. He was found guilty and sentenced to 2 years. I have spoken with a lot of people and everyone seems to think he will only serve 6-8 months but the times I have spoken with the parole board, they say to expect for him to serve the whole 2 years. Is there any way I could speed this process up? Or is there any way to know for sure when he will be able to come home? He has said that the county jail has been releasing people early with similar charges, could that be the case for him as well? Please help!

Answer: Speed up what process? Making time go slower or faster? No one knows that trick. There is no way to predict the future and tell you exactly when he is getting out. More importantly, how are you going to be able to predict that once he gets out he will stay out.

Answered By Lawrence Lewis - Drug Offenses Attorney Lawrenceville, Drug Defense Lawyer Atlanta

Deposit Account Fraud Forgery attorney

DEPOSIT ACCOUNT FRAUD – FORGERY – FINANCIAL IDENTITY FRAUD

 

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.

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Deposit Account Fraud Forgery attorney

Shoplifting Defense Attorney Lawrenceville

Question: I was caught shoplifting from a department store and paid the civil demands that same night i was never hand cuffed or arrested. I was given a citation and court date from a cop. When i went to court they put me in a diversion plan and said the incident will be expunged from my record. They finger printed me and took my picture. My problem is that now the picture is online on a mugs website posted by them saying i was arrested but i wasn't and its causing me to lose my job. Is this right?

Answer: Is what right? You shoplifted and were caught. If you lose your job, it is because you shoplifted and were caught, not because your photo appeared online with a statement that you were arrested. Assume it is not right, what do you intend to do? Retain an attorney? I suspect that you don't respect the advice of an attorney, which is why you handled the case by yourself. Goodl luck.

Answered By Lawrence Lewis - Shoplifting Defense Attorney Lawrenceville, Shoplifting Attorney Gwinnett County

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

Criminal Defense Attorney Cumming

Question: I have a friend currently incarceration that is waiting to be moved to work release in a county jail to begin his sentence. He was arrested on July 3, on July 15 he tested positive for THC and his had his court date for a probation violation was on July 16. The dirty urine never was brought up on that date. The judge revoked his probation and sentenced him to work release for the remaining 8 months of probation. Now he is being told that he is being held and waiting for his probation officer to release him but does not think he will due to the dirty urine. The probation officer never received the report for the dirty urine until July 30. I need some guidance, is it possible for his release to the work release program be held up due to this?

Answer: Your friend has a lot of things going on at one time. The probation officer will do what he/she thinks is best to help your friend rehabilitate himself. Can it be held up? Yes. Why hasn't your friend already been transferred? Only an attorney investigating the problem, will be able to answer that question.

Answered By Lawrence Lewis - Criminal Defense Attorney Cumming, Criminal Lawyer Lawrenceville

Expungement Attorney Lawrenceville

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.

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Expungement Attorney Lawrenceville,  Expungement Lawyer Atlanta

Felony Defense Lawyer Lawrenceville

Question: Can a person who has been convicted of a felony and out on probation recieve a bond if there is a violation because of new charges pending? If a person is found to have some mental issues like paranoid schizophreniz, and DID while in jail is there any way to get them commited to a mental institute?

Answer: A person can get a bond at anytime, as long as the judge believes that the person is not a flight risk, or will commit more offenses while on bond. IF a person is committing offenses because of a mental health problem, it will be more difficult to get a bond. There are many ways to get a person to a mental health institution. You need to sit down with an attorney for a consult, and see the best way for your situation.

Answered by Lawrence Lewis - Felony Defense Attorney, Felony Defense Lawyer Lawrenceville

Homicide Defense Lawyer

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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If you have been charged with malice murder, felony murder or voluntary manslaughter in metro-Atlanta or the surrounding areas, you desperately need our help.  You, or a family member, should contact us immediately Homicide Defense Lawyer at Lawrence Lewis, P. C. to schedule an appointment to discuss your case.  You can reach us at (678) 407-9300. 

Simple Battery Lawyer Lawrenceville

Question: My daughter who has major mental health issues attacked my son and was charged with battery. She bailed out and the jail told my son she has to stay 100yds away. We had no choice but to bring her home knowingly breaking the order. If we caught who will be in trouble?

Answer: She will go back to jail because she violated the order. You may be arrested for encouraging and insisting.

Answered By Lawrence Lewis - Simple Battery Attorney, Simple Battery Lawyer 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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Probation Attorney Lawrenceville

Question: My husband was given 2 and a half years probation from Gwinnett county GA. Before being released he was extradited back to Illinois for a parole violation. Illinois has sentenced him to 15 months in prison. My question is will it be possible to get time served for his probation so that he will not have to do probation once released from Illinois? If this is possible, how do I go about handling this for him?

Answer: It is possible, and it is typically automatically done.

Answered By Lawrence Lewis - Probation Attorney Lawrenceville, Parole Violation Lawyers Atlanta

Juvenile Issues

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. 

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f you have a juvenile charged with an offense in metro-Atlanta or the surrounding area, and need our help, you should contact us immediately Juvenile Lawyer at Lawrence Lewis, P.C. to schedule an appointment to discuss your case.  You can reach us at (678) 407-9300. 

Probation Attorney Lawrenceville

Question: My fiance has 2 more years left out of a 5 years probation sentence. Recently we have moved which means he had to get a new probation officer who stops by at least twice a month to see him. He has just got a job after being out of work for 3 years and notified his probation officer as well as his work schedule which is 12hr work shifts sunday-saturday. His probation officer has seen him twice within the past few weeks, but recently he was working the last time probation stopped by, because of this he has been placed on intensive watch with a curfew of 9:30pm is this fair? is it legal?

Answered: Fair? Was there a victim related to the crime that your husband committed for which he received five years on probation? Ask him/her about fair. Is it legal? Yes, probation determines if the situation calls for a curfew. If you need more time, you petition the court to extend or eliminate the curfew.

Answered by Lawrence Lewis - Probation Attorney Lawrenceville

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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DUI Lawyer Cumming

Question: I was put on community service because I was unemployed and unable to pay my fines. Now that I have a job (third shift), I'm able to make the payments, but my PO refuses to put my back on the payment plan. Is she legally allowed to do this and if so, how do I get myself put back on to payments?

Answer: The PO cannot change the court order, but you can go back to the judge and explain why you need to continually change the conditions of your probation. Good luck.

Answered By Lawrence Lewis - Criminal Attorney Lawrenceville, DUI Lawyer Cumming

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).


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Criminal Defense Attorney, Criminal Defense Lawyer Buford

Sex Defense Attorney Lawrenceville

Question: While we were together my ex would put ecstacy in my drinks without my knowledge for his own sexual gratification and several times I had to be hospitalized and did not know why until one day I caught him doing it. Needless to say I left him...now 4 years after I left him he is trying to sue me for money he paid on my car and he feels I owe him the money back! Apparently he must have forgotten about the thousands of dollars in medical bills he left me with! The Nerve! My question is...what is the statute of limitation for me to sue him for what he did to me which I think is a felony and for my medical bills? It would be so unfair for him to get a judgement from me for money after what he did to me and the bills I was left from it. I guess I was silly enough to assume that he would not ask for anything from me after what he did to me! But if he thinks I own him then he owes me too!

Answer: And so the drama continues...Do you think you can sue for a felony? Whether the offense is a crime or a misdemeanor has nothing to do with anything, because the statute of limitations has run on any offense you might want to pursue now. Whether you sue him or he sues you, your relationship continues. Good luck.

Answered By Lawrence Lewis - Sex Defense Attorney Lawrenceville

Court Dates - Calendar Call

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

Because of the logistical demands of a jury trial, courts have created court dates known as calendar calls, where criminal cases are called to court, so all attorneys (prosecutors and defense attorneys) can announce if they are actually ready for a jury trial.  If the prosecutor or defense attorney is NOT ready to go to trial, the respectiveattorney must explain why he is not ready to go to trial, and when he might expect to be ready to go to trial.  Ifboth the prosecutor and defense attorney are ready for jury trial, the judge will either tell  both 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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Defense Attorney Lawrenceville, DUI Attorney Lawrenceville, Traffic Citation Lawyers Atlanta