Drug Defense Lawyer Lawrenceville

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

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

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

Answered by Lawrence Lewis - Drug Defense Lawyer Lawrenceville

Violent Crime Attorney Lawrenceville

A violent crime is a criminal offense that is committed with the use of violence, or with threats of violence.  When a person commits a violent crime, the violence is usually just a means to an end.  In recent years, violent crimes have escalated in the state of Georgia, especially amongst the adolescent, male demographic.  In hopes of decreasing instances of violent crimes, law enforcement and legislation has become very strict when dealing with violent crime offenders.  People who are convicted of committing a violent crime should expect to spend substantial time in prison, in addition to paying fines, paying restitution and performing community service.  For these reasons, it is very important to consult a violent crimes lawyer when facing criminal charges involving violence.   

The violent crimes defense attorneys and lawyers at Lawrence Lewis, P.C. are dedicated to defending clients who have been arrested for or charged with any type of violent crime in or around the metro-Atlanta area.  According to the law, numerous illegal acts are categorized as violent crimes in the state of Georgia: 

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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. 

Lawrenceville Criminal Defense Attorneys

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

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

Answer provided by Lawrenceville Criminal Defense Attorneys

Atlanta Traffic Ticket Attorney

O.C.G.A. § 40-5-20(a) states that no person shall drive any motor vehicle upon a highway in this state unless such person has a valid driver’s license.  Any person who is a resident of Georgia for 30 days must obtain a Georgia’s driver’s license before operating a motor vehicle in this state.  Every licensee shall have his license in his immediate possession at all times when operating a motor vehicle, and shall display the license upon the demand of an officer.  

    The driver with a valid driver’s license may be cited for a multitude of traffic offenses, ranging from speeding, and/or failure to maintain lane, to vehicular homicide.  It is unrealistic to try and address all of the possible traffic offenses here.  So, we will address the most frequent traffic offenses by age group.  


DRIVERS UNDER 18 
If you are under the age of 18 your driver’s license will be suspended if you either: (1) accumulate four (4) or more points in any consecutive 12 month period; or (2) are convicted of one of the following offenses: 

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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

Drug Offenses Attorney Lawrenceville

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

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

Answered by Lawrence Lewis - Drug Offenses Attorney Lawrenceville

Drug Offenses Lawyers

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

 

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

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

DUI Attorneys in Lawrenceville

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

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

Answered by Lawrence Lewis - DUI Attorneys in Lawrenceville

Driving Under The Influence (DUI)

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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Violation of Probation Attorney

Question: Can I really be arrested without chance of bond if I am on probation and am charged with something that was really no case to begin with. I have had lawyers review evidence and have informed me that the charge is wrong. Does that mean I have to sit in jail until court just to find out I didn't really have to go to begin with. Is there a way to get around a violation hold if the evidence from the violating charge is obviously a false accusation and I am innocent. Is there away to negotiate with officials due to the circumstances to maybe even at least get offered a chance to bond at least until I get the violating charges dropped or dismissed?

Answer: Retain the lawyers that you had review it, and see what happens. If you trust their assessment, then retain them. And after you are sitting in jail, review my website on attorneys that tell clients what they want to hear, under how to locate the right attorney: Click here

Because you think it is nothing, does not make it nothing. You will be arrested on the violation of probation, and you will have a court date. The speed in getting that court date, and getting the case dropped will depend on the skill of your attorney.

Answered by Lawrence Lewise Violation of Probation Attorney

Burglar Defense Attorney Lawrenceville

 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 in Lawrenceville

Question: Does a bonding person have to be notified of a court date of someone they bonded out and if so what is the law of notification?

Answer:  No, they do not have to be notified. But they are notified, If the person fails to appear in court.

Answered by Lawrence Lewis - Criminal Defense Attorney in Lawrenceville

Murder Homicide Attorney Lawrenceville

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.

The punishment for either category of murder is the same: death, imprisonment for life without parole, or my imprisonment for life.  Often times the prosecutor will charge the accused with both categories of murder.  So, the indictment will read one count of felony murder and one count of malice murder for the same homicide.

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Domestic Violence Attorney Lawrenceville

Question: The other night my boyfriend and I got into a fight and he held me down and wouldn't get off of me so I threw his phone and broke it. Then he got back on top of me and once again wouldn't let me go. Whenever he finally let me go I called my mom and she called the cops because I had marks on me. The cops came and we both went to jail. I was charged for throwing and breaking his phone and he was charged for false imprisonment. I got out of jail the next day but he had no bond of course. He went and talked with the judge today and they denied him bond. I want to see about getting the charge dropped. Any advice please? This is his first offence.

Answer: You cannot drop the charges. The state prosecutor is the party in the case, you are only a witness. So, now the main thing you can do is retain an attorney to assist him. Click here for info on retaining the right attorney

Answered by Lawrence Lewis - Domestic Violence Attorney Lawrenceville

Expungement

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

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

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

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Credit Card Fraud Attorney in Lawrenceville

Question: Can a person who plead guilty to a 20 yr prison sentence for a CC fraud who also was tried as a recidivism appeal their sentence? or can we hire a lawyer to have a sentence reduction? I'm wondering before i start paying for an attorney

Answer: The person plead guilty. So, there is no appeal on the sentence. If the sentence was a legal sentence, the only things you can do are: (1) withdraw the sentence and go to trial; or (2) file for a sentence reduction.

Answered by Lawrence Lewis - Credit Card Fraud Attorney in Lawrenceville

Mental Health Problems Attorney

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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Criminal Defense Attorney Atlanta

Question: How do I stop an extradition to KY from GA for bad checks? My husband currently being held for extradition for a bad check written across state lines for his business however he had no knowledge that the check wasn't good and was never notified that it was returned.

Answer: You cannot stop extradition, only slow it down by requesting a governor's warrant. You need to focus on the attorney in GA who can get him out of jail quickly. Please click here to see how to select a good attorney.

Answered by Lawrence Lewis - Criminal Defense Attorney Atlanta

Juvenile Issues Attorney in Lawrenceville

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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Criminal Defense Attorney Lawrenceville

Question: If someone you know has fled the state because they got in trouble with the law for trying to have sex with a minor, and you tell police their new whereabouts, which are in Florida, and you tell the police their new phone number, can that person be found and go to jail in that state? Or, can nothing be done because they've fled the state?

Answer: The police only need to take a warrant, and then where ever the person is stopped he will be arrested and transported back to the state where the warrant was issued.

Answered By Lawrence Lewis - Criminal Defense Attorney Lawrenceville

Court Dates - 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 Attorney Lawrenceville

Question: If someone takes an appeal to the Ga supreme court, will they get a day in court? And if they do how long could it take to find out if they get one?

Answer:  Yes, you can get a court date and watch YOUR ATTORNEY argue the case to the Supreme Court of GA. You won't be doing it. Because unlike the county judges that might humor you, as you pretend to be a lawyer, the Supreme Court is not going for it. With that, you should ask your attorney the questions.

Answered by Lawrence Lewis - DUI Attorney Lawrenceville, Traffic Citation Attorney Gwinnett County

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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Felony Defense Attorney Lawrenceville

Question: What does it mean when a case status is disposed-bind up superior?

Answer: It means the case has either been resolved in Magistrate Court, or State Court, AND has been transferred to the Superior Court for resolution as a felony case.

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

Simple Battery Attorney Lawrenceville

Question: Hello, I was arrested for Simple battery,bonded out, but an officer never came and got my side of the story before an arrest Warrant was issued, I was wondering if there was any Easy way to get this resolved, and what type of Legal advice would you give me before I make a statement.

Answer: Make a statement to whom? The police have already made their arrest. They are not interested in your point of view. The prosecutor is only interested in how they can jail you. IS that who you are trying to make a statement to? I suggest that you retain an attorney.

Answered by Lawrence Lewis - Simple Battery Attorney Lawrenceville

Bond Hearing

If the Magistrate Court judge cannot set a bond pursuant to O.C.G.A. 17-6-1 (charges that only a Superior Court judge can set bond on, include murder, rape, aggravated sodomy, armed robbery, hijacking a motor vehicle, aggravated child molestation, aggravated sexual battery, trafficking cocaine/heroin/meth/ecstasy, aggravated stalking), the defense attorney may file a bond motion, and request a bond hearing date before a Superior Court judge.  The Superior Court judge will conduct a pre-trial bond hearing, where judge will consider four factors:

(1)    Defendant’s criminal history, and the likelihood that he/she is a risk to commit additional felonies while on bond;

(2)    Defendant’s history of missing court dates, and the likelihood that he/she will flee from the jurisdiction of the court, or fail to appear in court when required;

(3)    Defendant’s character, and the likelihood that he/she poses a threat or danger to any person, to the community or to any property in the community; and

(4)    Defendant’s propensity for violence, and the likelihood that he/she will intimidate witnesses or otherwise obstruct the administration of justice.

If the judge sets a bond, it will be one of four types of bond:

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Sex Offense Attorney Lawrenceville

Question: Can a probation officer make a sex offender move after an address was approved by the sheriffs office?

Answer: Yes

Answered by Lawrence Lewis - Sex Offense Attorney Lawrenceville, Sex Defense Attorneys Atlanta

Preliminary Hearing Criminal Defense

The preliminary hearing typically occurs between ten and fourteen days after arrest.  A preliminary hearing (also known as a “probable cause” hearing, or “commitment” hearing) is a proceeding where the prosecutor must establish in court that they have enough evidence to detain the individual on the filed charges (i.e. warrant).  The hearing is designed primarily for the benefit of those incarcerated individuals who have been unable to post bond, to ensure that they are not held in jail on unfounded charges.  However, individuals out on bond are also permitted to request a preliminary hearing, and as a general rule an attorney should request one in almost every felony case regardless of whether the defendant is in jail.

        If a defendant is in jail at the time the preliminary hearing is conducted and the state fails to establish probable cause that he or she has committed the offense, the defendant is entitled to have the charge dismissed and to be released from jail. If the defendant is not in jail and the state fails to establish probable cause the defendant is entitled to have the charge dismissed and to be released from the conditions of his or her bond. However, a dismissal of the charge at the preliminary hearing does not prevent a grand jury from issuing an indictment against the defendant at a later date. Thus, a defendant whose case is thrown out at a preliminary hearing could still face the same charges again. If this occurs, then the defendant will be rearrested on the same charge, and would have to post bond in order to get out of jail while awaiting trial.

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