Criminal Defense Attorney in Atlanta

Question: What is purpose of commit hearing and what evidence should be presented?

Answer: 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.

Click here to read more about Commitment Hearing

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:

CLICK HERE TO READ THE FULL ARTICLE

Drug Defense Attorney Lawrenceville

Question: The Confidential Informant stated that it observed several people inside and outside the residence and that there was marijuana throughout the residence in plain view. For these reasons an other persons provision is requested. NO Knock Provision

....Does the fact that there were people or drugs present in a controlled buy justify a No Knock Warrant issued by the magistrate in Georgia?

Answer: This is a fascinating question for this reason. Let us assume that I vehemently maintain that the judge overstepped his discretion in signing a "no knock" warrant. What can you do with that information? Absolutely nothing. First, either there is no attorney on the case, in which case the law will not be argued by lay folks (i.e. non-lawyers). Or second, there is an attorney on the case and he/she does NOT know the law, which means my telling him/her the law is meaningless because he/she must still cite case law in order to defend his/her position

Answered By Lawrence Lewis - Drug Offense Attorney, Drug Defense Attorney Lawrenceville

Why should I attend anger management classes?

Q: Why should I attend anger management classes?

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

IT IS NOT ABOUT THE ANGER

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

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 demo

CLICK HERE TO READ THE FULL ARTICLE

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

You cannot press charges and she cannot drop charges

I have not yet determined where the term “pressing charges” originated, but each day folks on-line ask about whether they can press charges, or IF someone that has elected to contact the police can now drop charges. Although the process is relatively simple, no civilian can go to the courts to press criminal charges. First, when there is an emergency, most people call 911, and emergency services (i.e. police, fire dept.) are dispatched. When a civilian caller dials 911, they cannot tell the 911 dispatcher who to send to the house, or location, they can only describe the emergency. The 911 dispatcher decides who will be sent to the location. When the police arrive, they listen to the story and decide what course of action should be taken. When the police make an arrest, the state has the case. So, when the intoxicated wife wants her cheating husband arrested, and tells the police that he struck her, only to try and recant the story four days, or four weeks, later, she does not have any power to drop any charges. The case belongs to the state prosecutor, who is the only person who will decide IF the case will go forward, and what charges the accused will face. The state prosecutor is not picking up the charges that the wife wants to drop, because as long as the police are placing handcuffs on the accused, it is the prosecutor’s case. 

Second, where 911 is not called, and the police do not respond to an emergency, a victim can go to the police and speak to law enforcement, and ask that the police take action on the case. There are a number of factors that impact whether police will investigate and/or make an arrest: (1) credibility of the victim; (2) number of witnesses that observed the incident; (3) physical proof of the allegations, like injuries or physical damage to property; (4) explanations concerning why 911 was NOT phoned; and/or (5) accused’s criminal history. IF the police choose not to arrest a person, especially, IF the allegations amount to a felony offense, there is nothing else to be done. Only law enforcement can bring felony charges against an accused. There is no “pressing felony charges” against another person. 

Click here to read the full article 

Misdemeanor Attorney Lawrenceville

Question: I have a  misdemeanor 5 years ago, how i sponge it? it happen when i was living in FL, now im in GA do i need to get a lawyer in FL.

Answer: If you have a misdemeanor conviction, it will probably not be expunged. Why? If every conviction were expunged, no one would have a criminal record. However, FL may have some special exception, so you should consult AND pay a FL attorney.

Answered By Lawrence Lewis - Misdemeanor Offenses Attorneys

First/Last Word On Bonds

When someone is charged with a new criminal offense, as opposed to a violation of probation or an ICE hold, a judge will typically set a bond.  The posting of the bond allows the person charged with a criminal offense to exit the jail and wait at home during the pendency of the case.  Because of the large number of individuals who choose not to address their addictions or desire for fast money or other dysfunctions in their relationships, it takes time for the person arrested on new criminal charges to have his/her case heard by a jury.  Bond allows the person able to make bond to continue with his/her life, work or family commitments while the case gets ready for jury trial.  IF it were possible to have a person arrested on a new criminal offense tried by a jury three days after arrest, there would be no need for bond hearings and posting bonds.

 Although the concepts of bonds and bail are used interchangeably, they are different things.  A bond is a contract.  It is a promise to do or not do something.  When an accused signs a bond before leaving the jail, he/she is typically posting something of value (i.e. property, cash), as a promise that he/she will return to court as directed AND will abide by the conditions of bond, which may include no alcohol, stay-away from a particular person, etc.  IF the person fails to appear in court as directed, the bond can be forfeited.  Conversely, bail represents a number.  It is the amount on the bond that a person must post in order to get out of jail during the pendency of the case.  There are many people in jail with bail.  They have a number which will allow them to get out of jail, but they are unable to post the property or cash or get a bondsman to assist them.     

CLICK HERE TO READ THE FULL ARTICLE

Burglary Defense Attorney Lawrenceville

Q: My little cousins was arrested the other day. One of them was charged with burglary and obstruction and the other was just charged with obstruction. The story is that they tried to break into a house and the neighbor called the police and when they arrived (they never entered the house)they ran while running they supposely threw a knife they were carring and one of my cousins was caught and took back to the house and 3 witness said they saw him and he was charged with Burglary. My other cousin got away but later the police came to his house and got him but due to the fact he got away the witness didnt have the chance to point him out so he was just charged with obstruction. The police questioned them about the Burglary and another burglary that happened the previous day in the same neighborhood so they are taking prints on the knife which im sure both of there prints will come up on and they said they had nothing to do with the crime or the burglary the day before and was just at the wrong place at the wrong time. They are both out on Bond right now, they are 17 and its there first offense. what is the most likely honest outcome of this situation? And how long before a court date and what will happen with the knife thing?(i heard its bad to have a weapon during a Burglary)is there still a chance my cousin who got away can still be bought up the burglary? we are in Georgia

A: How do you think the cousin that got away was identified? The cousin that was caught told on him. When they get indicted by the grand jury, they will both be indicted for burglary and possession of tools for the commission of a crime. What will happen to them is a function of what they are doing while they are on bond. Shcool and community service equals probation. Hanging out, smoking marijuana and not school equals jail time. Good luck.

Answered by Lawrence Lewis Burglary Defense Attorney in Metro Atlanta Area - Lawrenceville 

Armed Robbery Attorney Lawrenceville GA

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:

(1) Simple robbery (O.C.G.A. § 16-8-40(a)(1)) where one person takes the property of another from the immediate presence of another by use force;

CLICK HERE TO READ THE FULL ARTICLE

Rape Defense Attorney in Lawrenceville

Question: My son and two other boys are being called into questioning for rape of a 17 year old girl. The boys are all 18. Should I allow him to go in and say he has an attorney or just tell the detective on the phone that he will not be coming in? I just found out today and will be looking for an attorney asap. This is in Georgia. The other two boys say it was consensual and that my son was not involved, but he was at the house. The girl has changed her story 3 times with the final story not involving my son. However, he is still being called in to questioning. Not sure what to do.

Answer: Just tell the detective that he will NOT be making a statement. See website for info on retaining the right attorney: click here

 

Good luck

Answered by Lawrence Lewis - Rape Defense Attorney in Lawrenceville

PROTECTIVE ORDER HEARINGS – RESTRAINING ORDERS

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.

2. By requesting a continuance we are able to then complete a thorough investigation and prepare for the hearing.

3. We then confer with eye witnesses, and subpoena the witnesses so that they can provide testimony in court about the allegations made in the petition.

4. We negotiate with the petitioner (through the petitioner`s attorney) to resolve the case with the goal of the injunction being dismissed.  The protective order is a drastic remedy that should be reserved for only the most serious cases.  Often far less drastic remedies are available to address any concerns of the petitioner.

CLICK HERE TO READ THE FULL ARTICLE

Burglary Defense Lawyer in Lawrenceville GA

Question: I am charged with burglary and my accuser has passed away how can i beat this case

Answer: You have nothing to worry about. Without the accuser, the state cannot prove their case. That is the only thing you want to read, so there it is. If you are wrong about anything: (1) the accuser is not deceased; (2) the deceased person is not the accuser; (3) your fingerprints are located inside of the residence; (4) another independent witness can put you in or near the premises; (5) you are in recent unexplained possession of items stolen from the residence; (6) a co-defendant will testify against you THEN YOU WILL BE HEADING TO PRISON. Good luck.

Answered By Lawrence Lewis - Burglary Attorney - Burglary Defense Lawyer

Sex Crime Attorney in Atlanta

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;
 

(2)   Aggravated Sodomy (O.C.G.A. § 16-6-2), which is defined as performing or submitting to any sexual act involving the sex organs of one person and the mouth or anus of another, with force and against the will of the other person;

CLICK HERE TO READ THE FULL ARTICLE

Theft Defense Attorney Lawrenceville

Question: Is there a limitation on the amount of time Oconee County jail can hold someone on a failure to appear on a misdemeanor theft by shoplifting charge without giving her a court date?

Answer: No, once a person fails to appear, and the bond is revoked then the next court date is the next court date. There is no law dictating how long before the next court date.

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

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: 

(1)    Hit and run (i.e. leaving the scene of an accident);   

(2)    Racing on highway or streets (racing means the use of one or more vehicles in an attempt to outgain, outdistance or prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle or vehicle, to test the physical stamina or endurance of drivers over long-distance driving routes);   

(3)    Fleeing and attempting to elude an officer (means it is unlawful for any driver of a vehicle to willfully fail or refuse to bring his vehicle to a stop or otherwise to flee or attempt to elude a pursuing police vehicle or police officer when given a visual or an audible signal to bring the vehicle to a stop);  

(4)    Reckless driving (4 points) is defined as driving a vehicle in a reckless disregard for the safety of persons or property (note: reckless driving can be established by proving that a defendant was driving at an excessive rate of speed given the legal rate of speed);   

CLICK HERE TO READ THE FULL ARTICLE

Felony Defense Attorney in Lawrenceville

Question: Found a $3000 canoe trapped in a low river while kayaking. Put an ad in lost and found on craigslist and on boater talk for 2 weeks. Tried to sell it and the parks and recreation department posed as buyers, wrote a ticket for misappropriation of property, confiscated the boat and said we would have to go to court. Do I have any recourse?

Answer: Sure you can fight the case. I suspect that you will need an attorney to fight the case. But it appears that your argument is that you tried to locate the owner? IF parks and recreation can establish that the canoe was taken from a secure area, you might have more of a problem.

Answered By Lawrence Lewis - Felony Defense Attorney in Lilburn

DUI Attorneys in Lawrenceville

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

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

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

■ The Criminal Case.

First, you will answer the misdemeanor criminal charge of DUI in the Georgia State Court System.  The clerk of court will mail you notice of your first court date (i.e. arraignment, where you will plead guilty or not guilty) around five months after your arrest.  In order to preserve your rights, your DUI attorney will file pre-trial motions.  Many times your attorney can waive your appearance at many of these court dates saving you additional stress, aggravation and embarrassment, while your attorney methodically fights each part of the case.

CLICK HERE TO READ THE FULL ARTICLE 

Drug Defense Attorney in Gwinnett County

Question: When charge with less than a oz of marijuana and a judge say pay 685 is that half are whole amouth do i pay a percent of that?

Answer: You are charged with less than an ounce of marijuana. If the judge indicated that your bond was $ 685, then you may be able to pay a percentage if a bondsman went on your bond. If you entered a guilty plea, and the judge said a fine of $ 685, then you must pay the $ 685 plus teh surcharge associated with the fine. So, there will be a total expense of around $ 1000. Let me suggest this: Because your question is so poorly worded, and indicates such muddled thinking, you may want to refrain from using drugs, and get a bit more education.

Answered by Lawrence Lewis -- Criminal Defense Lawyer

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. 

            Lawrence Lewis has a great deal of experience representing clients accused of burglary, and has seen three interesting facets to burglary cases: (1) clients charged with burglary are often charged with not one, but multiple burglaries; (2) the crime of burglary often involves multiple people, so the law concerning party to a crime often appears in the burglary case; and (3) many times the person accused of burglary is not located inside of the house, or even seen leaving the house, but is caught with goods stolen from the house that has been recently burglarized

Click here to read the full article

Theft Defense Attorney in Lawrenceville

Question: I was with a minor that was shoptlifting. I didn''t know she was shoplifting. I was picking out clothes for her and she was trying on stuff and I was holding her purse for her as well as mine. We switched purses mistakigly and she ended up putting things in her purse as well as mine. We walked out the store and were stopped the man said he saw her putting stuff under her dress. They are charging me with shoplifting and I have to go to court what should I plea?

Answer: You should plead guilty for being clueless: (1) no prosecutor or judge is going to believe that you are in a store with a shoplifter, and you don''t know anything about it, and are being used to assist in the shoplifting; (2) no attorney shoudl believe that is what occurred; and (3) IF it did occur, you have the worse judgment in friend selection. You cannot plead not guilty, because you cannot try the case yourself. You cannot plead not guilty because you do not intend to retain an attorney. You cannot plead not guilty, because you have no intention of telling your public defender the truth. So, plead guilty, get probation and explain ti to your future employers why you have a shoplifting conviction. Good Luck.

Answered by Lawrence Lewis - Theft Defense Attorney in Lawrenceville

Hire an Attorney for Expungments & Criminal Cases

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.

CLICK HERE TO READ THE FULL ARTICLE

Drug Defense Attorney Lawrenceville

Question: My fiance was charged with intent to sell drugs and was given a reduced bond to get out of jail. How does a reduced bond work and what are the conditions of a reduced bond?

Answer:  A reduced bond works the same way as a regular bond, except the amount required to make the bond is less (therefore reduced) than it was before. Good luck.

Answered By Lawrence Lewis - Drug Defense Attorney Lawrenceville, Drug Offense Lawyer Gwinnett County

Experienced Juvenile 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. 

CLICK HERE TO READ THE FULL ARTICLE

Criminal Defense Attorney in Fulton County GA

Question: I pawned a tv that was from a rental company that i was paying for it. I didnt know i was gonna lose my job and not be able to get it out to give back to the rental company or pay the rental company(arrons). So now they are threatening to take out a warrant for my arrest. I just needed the money to help pay bills for my pregnant girlfriend.(she has to eat) This is my first offense and i am currently enrolled at a police academy employed by Fulton County Police Department, Ga. (havent got payed yet to pay it). what could be my consequences in court.

Answer: If you have not been arrested, I an assuming you are scheduled to appear in court for a warrant application hearing. At the hearing, Aaron''s will present evidence as to why the warrant should be taken. If Aaron''s wins, you will be arrested right there on the spot, and will have to post a bond in order to get out of jail. Because you are short on money, you may not be able to post a bond, which means when you are scheduled to appear for training, you will have an unexcused absence, ending your law enforcement career. Once Fulton finds out about the arrest, I suspect that your career will be over. Therefore, the question for you to answer now is: Do I intend to retain an attorney in order to save my career.

Answered By Lawrence Lewis - Criminal Defense Attorney in Fulton County GA

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.

CLICK HERE TO READ THE FULL ARTICLE

Probation Attorney in Norcross

Question: I was given a year on state probation. I have 7 months left and i currently have a warrant out for my arrest. if i wait to turn myself in after I''m of probation cold they still legally hold me.

Answer: If you fail to report to probation, your probation stops running. So, when you finally turn yourself in, your probation will restart.

Answered by Lawrence Lewis - Probation Attorney in Norcross

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.

CLICK HERE TO READ THE FULL ARTICLE

Criminal Defense Attorney in Lawrenceville

Question: What do I do after the sherriffs department arrest the person that shot my house cat with a bow and arrow. They arrested him (he admitted he did it) and let him out on bond. What do I do to make sure he serves time and pays my vet bill. I have no idea where to go from here.

Answer: Contact the DA in your county and let them know that you are interested in the prosecution of the individual. It will be about a year before the case goes to court. SO, exercise some patience. The other alternative is you can hire an attorney to be your liaison with the prosecutor, but you probably do not want to spend $ 1500.

Answered By Lawrence Lewis - Criminal Defense Attorney in Lawrenceville

Bond Hearing Law

  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:

(1) Recognizance bond (also known as “OR” bond, “ROR” bond or “signature” bond) is the defendant`s written promise to appear in court on the date set and abide by the terms set by the judge. No monetary pledge, cash deposit or security by property or professional bondsman is required.  This is the best type of bond, because it is sign and go.  It is the type of bond most automobile driver’s are granted after a traffic citation.  It is rarely granted on felony offenses.   

(2) Property bond is a secured bond, where defendant or family/friend posts equity in property as a pledge that the defendant will appear in court on the date set and abide by the conditions of the release. The judge may forfeit any type of security in the event the defendant does not appear in court on the date set.  A property bond is a good bond, because it does not require the outlay of any money.

CLICK HERE TO READ THE FULL ARTICLE

Drug Offense Attorney in Lawrenceville

Question: My brother was charged with trafficing meth. What can I do to help? He has a major problem. He is not a dealer.

Answer: Unless you plan to help him retain an attorney, there is nothing you can do, expect maybe put money on his books when he is incarcerated, and talk about how unfair the system is. If you intend to make any real impact, then you need to hire an attorney for him, and get real with yourself. Trafficking is 28 grams or more. Your brother is not injesting 28 grams or more at one sitting. If he is selling/delivering to support his habit, then he is a dealer.

Answered By Lawrence Lewis - Drug Offense Attorney in Lawrenceville

Preliminary Hearing Law

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.

        Although the defendant has the right to request a preliminary hearing, the defendant loses the right to the hearing if the state obtains a grand jury indictment before the hearing is held. Thus, in some cases the prosecutor may rush a case to the grand jury as a tactical move to deprive the defendant of the opportunity to have a probable cause hearing. There are also situations where a case may be presented to a grand jury before the defendant has been arrested for any crime, and he or she learns of the allegations for the first time after a grand jury has issued an indictment. In such a situation, the defendant has no right to a preliminary hearing.
CLICK HERE TO READ THE FULL ARTICLE

Theft Defense Attorney in Lawrenceville

Question: What is theft by taking and how would it have to be proved?

Answer: It is what is sounds like. The accused has taken something that does not belong to him without the owner/caretaker''s consent (i.e. stealing). There are a myriad for ways to prove it. The owner can identify it, and explain he last saw it ten minutes ago inside of his car/boat or house. An eyewitness can testify that he saw the thief possess it, and the owner explains that he gave no one permission. The police can explain they saw the thief with the item.

Answered By Lawrence Lewis - Theft Defense Attorney in Lawrenceville

Sentencing

QUESTION:      

      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.

Robbery Defense Attorney in Lawrenceville

Question: I was working the night my store became the target of an armed robbery. Two men came in with guns and robbed our store. Even had a customer present at the time. The men still have not been caught. When they are caught, can I sue them for endangering my life during the commission of their robbery?

Answer: Sure you can, but clearly you are not that bright. How much money do you think folks that rob stores at gunpoint have. How many investment properties? If they are convicted, they will spend a minimum of ten years in prison. If they have committed more robberies, they may spend 20 or 30 years in prison. Can you wait 30 years for your lawsuit?

Answered By Lawrence Lewis - Robbery Defense Attorney in 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.

Read More

Simple Battery Misdemeanor Attorney

Question: My boyfriend is on first offenders probation. He got a new charge of simple battery misdemeanor. This is his first violation and his first time getting into trouble. We are both full time college students. Will he get jail time? If so, how long (estimate)? Thank you.

Answer: Was he on probation for battery or crime against a person? YES,  then he will probably earn jail time. 

Answered by Lawrence Lewis - Simple Battery Misdemeanor Attorney