Family Attorney Lawrenceville

Question: I am currently on probation for a domestic agg. battery charge with my wife. We are still married and will like to continue working on our marriage, however, there is a no contact order in place. We would like to get the charges dropped or removed. If that is not possible get the no contact removed. How do we go about this

Answer: You need to retain an attorney to argue your case, and get the bond conditions modified in the meantime. 

Answered by Lawrence Lewis - Family Attorney Lawrenceville, Domestic Violence Attorney Atlanta

First Appearance

The first appearance hearing normally occurs within forty-eight hours of an arrest.  It is the first court date after a person has been arrested for either a misdemeanor or felony offense.  The brief hearing normally takes place at the jail, where the person detained will be: (1) told his charges; (2) told his bond amount (if any); and (3) asked about representation.    Criminal Defense Attorney Lawrenceville, Felony Offense Attorney Norcross

Armed Robbery Attorney Lawrenceville

Question: Hello and my husband who has served so far 13 years for armed robbery, now please listen to his story, he committed two robberies, but he used a note, the same note both times, and his hands were clear at all times, when he when to court for the first one, his public defender advised him to take a plea, my husband was told that the judge would give him life, and for one how could that be, then he didnt tell my husband that under senate bill 441, he would have to do almost 95% of his time. Then after 2 years and 4 months when my husband when to trail for the second offense, he was told that he could get off because eof the charge alone, but this ended up worse, because ehe was ordered to take a mental evaluation test, but wasnt given one, then the lawyer told my husband that this judge would take no more than twenty. My husband constitutional rights alone were not permitted, as he was never allowed to confront his accusers, the Da had him paraded around the court house just before he went to court, my husband was unrecognizable, because he didnt look the same as of the time he did commit the offense, he was by the way 17 years for the first offense and 20 years for the second, but they have him 20 years to do concurrently, and to top it all off, his max out date is 2021, bu this is because they didn't give him timed served so he is doing a 22 year bid for a 20 year sentence and all this happen in the year 1999. Now I have seen more people as has he who do more horrible crimes, and then get off easy, so why in the world did my hsuband recieve such harsh treatment for the crime he did, when no one was hurt, plus being charged with another offense, he never used a weapon at all, please if anyone can please tell me what we can do to get his times taken off at lead that would be a start, then maybe God willing get him home.

Respectfully, We Need Help!!!!!!!!!!!!!

Answer: The statutory law on armed robbery calls for a mandatory minimum ten years in prison, and a maximum of twenty years or life. Your husband has been in prison for 13 years, and you have never looked at the statute. The statute allows for a life sentence. How can that be? That is what the legislatures in GA have determined should be the law. The remainder of your question makes absolutely no sense. So here is the real question: Do you intend to put together a few hundred dollars in order to have a professional consult with an attorney, and get sage advice about what occurred, OR do you intend to vent on the internet, making conclusory statements? What does it mean that his constitutional rights were not permitted? What does that mean? Since, you are not an attorney, how do you know his constitutional rights were not permitted? Good luck.

Answered by Lawrence Lewis - Armed Robbery Attorney Lawrenceville, Armed Robbery Lawyer Atlanta

Shoplifting Attorneys Lawrenceville

  I was charged with a theft by shoplifting misdemeanor, value of the items were13.33 and it was food taken because I didn’t have the money to pay for food and people in my dwelling including myself had nothing to eat. I was given the standard disposition 12 months’ probation, 40 hrs community service and a hefty fine, as well as spent 7 days in jail, I feel that this was an injustice, the time spent in jail was enough. I have no job and no car or reliable source of transportation there for making it difficult as well as a hardship to comply with these orders.  What can I do about this?  Can I appeal?  Also can I get a public defender for this? Please tell me what can I do?

ANSWER:         You can return to court and ask the judge to reconsider the sentence in its entirety (unlikely to work), or ask the judge to convert more of the fine to community service. You need to do as much community service as you can. Why do I think that? You told me. You are in a place where you don`t have $ 15 in your pocket for food. The people in your company do not have $ 15 for food. You do not have a car or a job. Therefore, you need to retrain your mind. You need to find employment, and a better group of people to keep your company. If you volunteer with Habitats for Humanity you will be introduced to people who can substantially improve your situation. First, you can get training on how to lay tile or hardwood, or learn plumbing work, and maybe even land a job. Second, you can get connected to folks that can help you find decent housing. Third, you will improve your company. OR you can continue down the road you are on, which will clearly result in a prison sentence, for something that you did not do.

There is no appeal to a guilty plea. You can ask the judge to withdraw the plea, but since you were in jail for 7 days before you entered the plea, I know that you were not drunk of high when you entered the plea. The judge will not appoint a public defender.

Shoplifting Attorneys Lawrenceville, Shoplifting Defense Attorney Atlanta

Criminal Defense Attorney Atlanta

Question: My husband was picked up on warrants for abandenment out of georgia and he signed his extradition papers today how long does georgia take to come get him

Answer: 10-20 days. Good luck.  Click here to see how to select a right attorney

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

Speedy Trial Demands

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.

Felony Defense Attorney Lawrenceville, DUI Attorney Lawrenceville

Theft Defense Attorney Lawrenceville

Question: My husband was convicted of Theft by Deception last yr. He served a portion of his sentence and was Paroled out . He is currently on Parole. He is now working and has a restitution hearing coming up. There was amother person involved, whom committed suicide. How will the judge determine the restitution that my husband is to pay? And will his monthly pymts be based on his income? Also will he be allowed to have a living?

Answer: Your husband will probably pay all of the restitution himself. But you don't need to guess, pull his sentencing order. The restitution he will be paying will be on the order. Monthly payments will be determined by his probation officer. I don't understand the last question: will he be allowed to have a living? What does that mean?

Answered by Lawrence Lewis - Theft Defense Attorney Lawrenceville, Theft Attorney Gwinnett County

Criminal Lawyer Lawrenceville

QUESTION:       What should I expect in terms of a plea offer (from the prosecutor) or sentence (from the judge)?

ANSWER:         The plea offer and/or sentence is typically a function of a number of different things:

(1)   Age of the accused

(2)   Age of the victim (if there is a victim)

(3)   The criminal record (GCIC) of the accused

(4)   The nature of the offense

(5)   The quality/experience of the defense attorney

(6)   The jurisdiction where the offense occurred (Fulton County is more lenient than Butts County) 

(7)   How quickly the accused takes responsibility, especially if there are co-defendant against which the accused can testify

(8)    The judge hearing the case (some judges hate burglaries, other hate graffiti)

Criminal Defense Attorney, Criminal Lawyer Lawrenceville

Felony Defense Attorney Lawrenceville

Question: I'm on felony probation in Ga. I just received an email from potentialpredators.com stating I have been added to their database for being a potential predator. It states that if this if a false report that the only way I can remove myself is to pay $99. I've heard this site is a scam. My question is since I have done nothing wrong could just being on this site violate my probation? Is this legal for this site to do this?

Answer: Being on the site cannot violate probation. Only way to test legality is to sue, for which you will need an attorney. 

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

Misdemeanor Offenses Attorney Lawrenceville

QUESTION:         When can I get a criminal conviction expunged from my  record? 

ANSWER:      A felony criminal conviction, a misdemeanor criminal conviction, a 1^st offender disposition, a nolo plea, an Alford v. North Carolina plea, and a conditional discharge will not be expunged from your record.

Misdemeanor Offenses Attorney Lawrenceville, Felony Criminal Defense Attorney

DUI Attorney Lawrenceville

Question: How long does it usually takes for sentencing after you have been found guilty in the state of GA?

Answer: It depends. Typically between 2 minutes and 2 weeks. Good luck

Answered by Lawrence Lewis - DUI Attorney Lawrenceville, Traffic Citation Attorney Atlanta

How do I select a good attorney?

If you are searching websites for an attorney to represent you in a criminal matter, personal 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.

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Armed Robbed Attorney, Misdemeanor Offenses Attorneys Lawrenceville

Theft Defense Attorney Lawrenceville

Question: My boyfriend was charged wit motor vehicle theft by a chick he was dating she went to the police department told them she didn't want to persue the charges they took a warrant for him me and the chick went back to the police they say the warrant is at the distict attorney office the DA says they don't have it yet the clerk office don't have it yet so what do we do now to get him out

Answer: You are not getting him out. Only any attorney will be getting him out. If he has a bond, then you can help. IF he does not have a bond, you will need to retain an attorney in order to procure a bond.

Answered by Lawrence Lewis - Theft Defense Attorney Lawrenceville, Theft Attorney Atlanta

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. 

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Criminal Defense Attorney Lawrenceville, DUI Attorney Buford, DUI Lawyer Lawrenceville

Felony Lawyers Norcross

Question: I am charged with hindering/ giving false information in Fayette county GA. due to a phone call that was answered in the neighboring county. I have never been in trouble, and my public defender says he cant win the case and I should just sign off on this plea for 5 years felony probation. The officer who filed the charges, has since retired and moved to Florida. I don't know what to do and I have court in the morning.

Answer: You waited until the day before trial to seek help, when you were arrested more than 6 months ago. You have no discovery on line or anyone to review. I suspect that you do not have $5,000 for a retained attorney. So, you have listen to your public defender, or make him try the case. And then retain your attorney for the appeal. Good luck.

Answered by Lawrence Lewis - Felony Probation Attorney Lawrenceville, Felony Lawyers Norcross

Top Five Reasons Not to Hire a DUI Attorney to Address Your Non-DUI Felony

Potential clients seeking information about the criminal justice process often ask if I specialize in the exact offense with which they are charged.  Of course, no criminal defense attorney specializes in juvenile burglary cases, domestic violence between same sex partners cases, or grandparent child molestation cases.  The reality is there is probably not enough business in any particular area of criminal law to justify additional specialization beyond criminal defense.  I suspect this is true throughout the United States, with one exception: Driving Under the Influence (DUI). 

Driving under the influence (aka driving while intoxicated) is the one area where a number of attorney, especially young attorneys (i.e. graduated from law school in the last four years) choose to specialize.  I suspect there are a number of reasons for that: (1) there are a number of CLE (continuing legal education) classes that focus specifically on training attorneys to defend DUI classes; (2) attorneys that teach other attorneys how to defense DUI cases can justify fees charged for tuition by explaining the voluminous number of DUI arrests every month (DUI arrest numbers are monitored religiously, and that area of criminal defense is actively promoted); (3) DUIs represent the greatest number of police arrests every month, because in our culture “everything is better with alcohol;” (4) DUI clients come from every socio-economic group, and as such many can pay hefty fees for their DUI defense (unlike many criminal clients, DUI client have money to spend on their defense); and (5) unlike other clients, DUI clients are not folks who have had a great deal of contact with the justice system, so they are more anxious and frightened than the average criminal – a fact that the DUI attorney exploits to his advantage.  Irrespective of the reasons why, it is important to note there are more attorneys specializing in DUIs than in any other area of criminal defense.  Unfortunately, many of these DUI attorneys promote themselves as criminal defense attorneys, claiming that they can handle any type of misdemeanor, juvenile or felony case. 

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DUI Attorney Lawrenceville,  DUI Lawyer Atlanta, Traffic Citation Attorneys Buford

Identity Fraud Attorney Lawrenceville

Question: What is the punishment for financial identity fraud in georgia with no criminal record?

Answer: The same as if you have a record. The recommendation will be constructed by the prosecutor. 

Answered by Lawrence Lewis - Identity Fraud Attorney Lawrenceville

Top Five Fights That Lead to Domestic Violence

Irrespective of whether it is a mild push or a violent beating, domestic violence (aka family violence) is particularly disruptive to the constructive development of each family member.  The accused is typically arrested and jailed, the victim’s esteem is negatively affected, and every family member that witnesses or hears the assault is placed in the precarious position of choosing sides.  Much of the domestic violence that occurs can be avoided by avoiding the behavior or arguments that lead to domestic violence.  The top five fights that lead to domestic violence typically center around: 

(5) Drinking (alcohol) or drug use

(4) Cheating or womanizing

(3) Time

(2) Money 

(1) Poor communication

Substance abuse, primarily alcohol consumption, dominates many fights that lead to domestic violence. Unfortunately, most sober spouses choose to confront the drinking spouse while the drinking spouse is under the influence of alcohol or drugs, which is the worse time to argue about the substance abuse.  If there is going to be any confrontation, the sober spouse should try and press the issue when neither spouse is under the influence of alcohol.  The typical scenario goes like this:

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Domestic Violence Attorney Lawrenceville, Family Attorney Atlanta

Theft Defense Attorney Lawrenceville

Question: Hi! I live in NY state. My daughters father went down to georgia a few years ago and got in some trouble. he was having financial issues and pawned a laptop that was still technically owned by a rent a center type bussiness. he told the bussinees what had happend and where their property was. they then recieved their laptop back. he was charged with theft by conversion, theft by deception, and endangering welfare interest. he served some time and was placed on probation. he recently came to ny for his daughters birthday and to help me out with taking care of her. she is a sick child and i have been a single working mother. the police came to my door to pick him up on probation violation yesterday. my question is will georgia spend my tax dollars to extradite him back to georgia and pull him away from his child again for this crime? Is there anyway that we can have the mess transfered here to NY?

Answer: GA will spend your tax dollars to extradite him back to GA, and pull him away from his child. After he has his revocation hearing here in GA, he can request whatever probation is left that it be transferred to NY.

Answered by Lawrence Lewis - Theft Defense Attorney Lawrenceville, Theft Defense Lawyer Atlanta

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

Drug Defense Attorney Lawrenceville

Question: Can the court system in Georgia issue a drug screen on somebody with a pending charge for possession of marijuana before the posted court date?

Answer: Yes, if the "somebody" has any type of pre-trial bond progarm. I recommend that you retain an attorney.

Answered by Lawrence Lewis - Drug Defense Attorney Lawrenceville, Drug Offense Lawyer Atlanta

Felony Defense Attorney

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. 

Anger is often a secondary emotion, which we jump to in order not to feel the pain or vulnerability of the initial emotion.  So, while there may be a great deal of anger in the workplace, at home, at school or on the internet, the anger comes from very different emotional places.  For example, when one person feels afraid, thefear is often quickly replaced by anger.  Fear is associated with being a victim, or being weak, while anger has the power of a victor.   Similarly, hopelessness is associated with being fragile or dependent.  So, the more hopeless a person feels, the more that emotion may demonstrate itself as anger.  Betrayal, shame, jealousy, almost any emotion that has a negative impact on a person’s emotional state can be replaced by anger.  The effect is to feel the anger, rather than the true emotion.

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

Felony Defense Attorney Lawrenceville

Question: Background check...will pending charges come up...a have a felony case that hasnt even went to court and need to find a job

Answer: Yes, pending charges will come up. More importantly, IF you are convicted, you will have conviciton on your record for the remainder of your life. So, make sure you have a good attorney. 

Answered by Lawrence Lewis - Felony Defense Attorney Lawrenceville, Felony Lawyer 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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By Lawrence Lewis - Criminal Defense Attorney in Lawrenceville

Criminal Defense Attorney in Atlanta

Question: I'm going to have an open house party. What legal steps can I make to not be charged with furnishing alcohol to minors if people show up that's under 21 years of age and I don't know it? I heard that if I put a sign on the door saying must be 21 to drink I cannot be charged with furnishing alcohol to minors.

Answer: A sign will not releave you of responsibility. If you cannot control the party, you need to rethink the party.

Answered by Lawrence Lewis - Criminal Defense Attorney in Atlanta, Criminal Defense 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:

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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. 

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

Rape Defense Attorney Norcross

Question: My friend is accused of rape and was arrested. But the girl lied and there are witnesses to prove it what next?

Answer: You need to retain an attorney, who should know how to preserve the evidence that you maintain will prove his innocence. If that evidence is lost he will be handicapped at his trial. 

Answered by Lawrence Lewis - Rape Defense Attorney Norcross, Rape Defense Lawyer Lawrenceville

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.

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Keyword: Protective Order Hearings Lawyers, Restraining Orders Attorney