Robbery Defense Attorney in Gwinnett County

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

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

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

DUI Attorney in Lawrenceville

If you or a loved one has been arrested for Driving under the Influence (DUI), you need to retain an experienced DUI Lawyer.  Lawrence Lewis, P.C. provides a full-service approach to your DUI defense from the ALS hearing to protect your driving privileges, to the motions hearings and trial.  Hiring an experienced attorney early in your case is crucial to protecting your privilege to drive and increasing your chances of avoiding a DUI conviction.

In Georgia there are a number of ways to get arrested for DUI.  By statute, any person in physical control of any moving vehicle, can be arrested for being under the influence of: (1) alcohol, whether the person’s alcohol concentration is .08 grams or the person is just less safe; (2) controlled substances, like cocaine and marijuana; (3) prescription medication; (4) glue, aerosol or other toxic vapor; or (5) any combination of two or more of these substances.

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

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Armed Robbery Attorney Atlanta

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

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

Burglary Defense Attorney

 In Georgia, burglary is defined as entering the dwelling of another without authority with the intent to commit a felony or theft.  Intent to steal or commit a felony need not be formed at the precise moment of entry, but can be formed thereafter while the perpetrator is remaining on the premises. State v. Jones, 291 Ga. App. 296 (2008).  Although burglary is often regarded as a type of theft crime, Georgia recognizes that any non-theft felony (e.g. aggravated assault, aggravated stalking) can give rise to a burglary charge.  More importantly, it is not necessary to actually commit a theft or felony, in order to complete the crime of burglary.State v. Alexander, 279 Ga. App. 683 (2005).  As long at the intent in entering the premises is to commit a felony or theft, the burglary statute (O.C.G.A. § 16-7-1(a)) permits the prosecutor to seek an indictment for the offense of burglary. 

            Unlike other states, forced entry is not an element in Georgia. State v. Gray, 291 Ga. App. 573 (2008).  Unlawful entry occurs when a person breaks the plane of the structure.  In other words, when a person passes over or through a window or door, without authority, and with the intent to commit a theft or felony, a burglary occurs. 

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Drug Offense Lawyer in Lawrenceville, GA

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

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

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

Criminal Defense - Expungement

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

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

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

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Family Attorney in Lawrenceville

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

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

Answered by Lawrence Lewis - Family Attorney in Lawrenceville

Juvenile Attorneys in Atlanta

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

1.  Delinquencies (where a criminal offense is allegedly committed by  a child under the age of 17);

2.  Unruly/Runaways (where a parent files a petition against a vehemently disobedient child under the age of 18);

3.  Truancies (where a school official files a petition, alleging the child refuse to attend school);

4.  Deprivations (where Department of Family and Children’s Services (DFACS) investigates whether the parents are providing for the health and welfare of the child); and

5. Termination of the Parental Righs. 

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Traffic Citation Lawyer in Gwinnett County

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

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

Traffic Citation Lawyer in Gwinnett County

Court Dates - Pre-Trial Hearings

A pretrial conference is a meeting of the parties to a case conducted prior to trial. The conference is held before the trial judge or a magistrate, a judicial officer who possesses fewer judicial powers than a judge. A pretrial conference may be held prior to trial in both civil and criminal cases. A pretrial conference may be requested by a party to a case, or it may be ordered by the court. Generally, the term pretrial conference is used interchangeably with the term pretrial hearing.

A pretrial conference may be conducted for several reasons: (1) expedite disposition of the case, (2) help the court establish managerial control over the case, (3) discourage wasteful pretrial activities, (4) improve the quality of the trial with thorough preparation, and (5) facilitate a settlement of the case.

Pretrial conferences are conducted in criminal cases to decide matters that do not inquire into the defendant's guilt or innocence.   In Georgia, state courts use the pretrial conference in criminal cases to decide such preliminary matters as what evidence will be excluded from trial and what witnesses will be allowed to testify.  The pretrial conference is where the defense attorney has the opportunity to argue any motions to exclude certain prejudicial evidence (i.e. motions to suppress).

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

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Drug Offenses Lawyer in Atlanta

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

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

Answered by Lawrence Lewis - Drug Offenses Lawyer in Atlanta

Court Dates - Arraignment

The arraignment can occur anywhere between three months and eighteen months after the arrest.  At the arraignment, the charges against the accused will be read to the accused by the judge or prosecutor, unless an attorney waives reading of the complaint.  Afterwards the accused will enter a plea or GUILTY or NOT GUILTY.  Sometimes, the judge will address representation at the arraignment.  So, the case will not be delayed.

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Shoplifting Attorneys in Lawrenceville

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

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

Preliminary Hearing Attorney Atlanta

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

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

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