Tuesday, January 29, 2013

Drug Defense Attorney in Lawrenceville

Question: Without my knowledge, and undercover team of drug cops followed my husband and I from a convenience store to the hardware store, pulled up beside us, and caught us completely off guard when they jumped out of the truck they were in and one came to each window. At that time, they asked us for our id's as another unmarked car pulled up behind us with 2 more men in it, and then the cop on my husbands side asked him what the bulge was in his pocket, let me see. It was a bottle of pills that weren't in his name, and he was arrested for possession sch 3 w/intent. After they took my hubby to jail, I asked him what made him stop me. He said "technically i didn't stop you, but you do have a brake light out and an expired tag, all i did was pull up beside you, but i followed you in here because you look like someone i'm looking for." my question is, since he didn't pull us over, did we have the right to say no you cant have my id and its none of your business whats in my pocket, or was it illegal search and seizure, because mistaking me for someone else isn't probable cause? I know my 4th amendment rights, and I'm protected from unreasonable police intrusions, and i know he was in our vehicle, the bottle was not visible from outside the car while in his pocket. Is mistaken identity considered probable cause or reasonable suspicion?

Answer:  First, you don't know your 4th amendment rights. Otherwise you would have handled the situation totally differently. Second, the police lied to you about you looking like someone else. You and your husband were stopped because they received info that you and/or your husband are involved in the distribution of drugs. However, the police did not want to tell you all of that on the road. So, he lied to you. SO, you can mull that lie over in your head a few thousand times. 

Answered by Lawrence Lewis  - Drug Defense Attorney in Lawrenceville

How do I select a good criminal defense attorney?


February 2013 will mark the start of my fourteenth 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.

Friday, January 25, 2013

Preliminary Hearing Attorney Atlanta

Question: What happens at a commitment hearing when the detective fails to show up? Is the case supposed to be dismissed? Is it legal for the judge to postpone and give another date?

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). Click here to read the full information about Preliminary 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:

Monday, January 21, 2013

Criminal Defense Lawyers in Metro Atlanta

Question: Can I get my probation (violation) suspended if the charges were dismissed when it finally went to court after my release. I was violated and given more probation and jail time for a supposed violation.

Answer: Yes, your probation can be violated with an offense that is dismissed, because the standard for a new offense is beyond a reasonable doubt, and the violation of probation standard is by a preponderance of the evidence.  Click here to see information on maintaining good relationship with public defender   

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 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.

Thursday, January 17, 2013

Experienced Criminal Defense Attorney

Question: Can a conspiracy to vgcsa hold up on a person if the persons spouse was one of the people that were questioned? I was questioned and was pretty much scared into telling them what they wanted. I never signed a statement or wrote one on my husband but they already had two other people that spoke against him before they came and picked me up. I am wondering what to do here.

Answer:  That's funny. After you speak to the police, you wonder what to do. After you provide incriminating evidence, you wonder what to do. First of all IF you were interviewed in a room at the police station, your statement was recorded. So, they do not need a written statement. It came from your mouth, Second, it is difficult to argue that it is not your words when it is on video. You should hire an experienced criminal defense attorney right away. 

There is no one free crime rule

Many individuals who are accused of a crime have questions about what will happen when they go to court, or what will they face when they see the prosecutor/judge. The concern is real. The concern is understandable. What is confusing is the factors that they think are going to impact the prosecutor and/or judge in deciding on the merits of the case. For example: 
  • I have a totally pristine, clean record 
  • I have never been in trouble before 
  • I am an honor’s student in college 
  • I am almost finished my nursing program with a B+ average 
  • I have two small children, and I am the sole financial support 
  • I have a severe disability, which prevents me from walking, standing, working 

 I have read hundreds of questions on-line and listened to hundreds of clients in my office repeat these same words over and over. The judge does not care about your academic success, or your family obligations. As far as the judge is concerned, IF your grades reflected your intelligence, you would not be in court on misdemeanor marijuana charges, or shoplifting charges or DUI charges. IF you really were concerned about your family and/or your familial obligations, you would not be charged with DUI after blowing .12 on the breathalyzer. And as for the disability that prevent you from being on probation, or doing any community service, or serving any time in jail, IF you can stand to drink then you can stand to pick up trash. 

Sunday, January 13, 2013

Theft Defense Attorney in Lawrenceville

Question: My daughter was one of three people charges for theft by taking in a case 3 years ago. They scrapped a rear end from a 1956 Chevrolet that belonged to a neighbor. Two of the three have had settlement to their cases. My daughter who is 24, has been to court three different times and was under the impression that the case was thrown out. She has never had any legal representation because two of the three charged were apparently assigned the same attorney. She was then assigned to another attorney and after never being able to contact him, she ended up going back for a Pre-Trial Intervention appointment at the court. Before she went, however, I got her to get a print out on her criminal background to see what showed up. On the background it showed that the charges were "misdemeanor" instead of felony charges and it showed the case was "dead docketed". They explained to her at the PTI that the misdemeanor and the dead docket were both misprints on her background check. They said that she needed legal representation and they therefore have contacted another attorney that we are waiting to hear back from. Oh, and the neighbor presented a price for the rear-end of $2600.00, which he supposedly got from a local junk yard and even the judge laughed at that price in court. My daughter needs help, what do we do???

Answer: I am not sure why there is confusion about what your daughter does now. She does what she should have done 3 years ago -- hire a criminal lawyer. That means SHE calls criminal lawyers and not wait on "them" (whoever that is) to call. The case is most likely still going on because she failed to do so. Criminal charges are something to take seriously. Contact today Theft Defense Attorney in Lawrenceville

Armed robbery defense attorney


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;

Wednesday, January 9, 2013

Criminal Defense Attorneys in Gwinnett County

Question: If I had a court and missed three times. What can be done about it? But I missed it the third time because I never received a letter stating when I had my court and when I called to ask the date they told me that it would be after new year. I just called and they tell me that I missed it what can I do?

Answer: You need to retain an attorney to get the warrants lifted, before the police pick you up on the warrant.Click here for info retaining the right attorney 

Protective Order Hearings Lawyers


 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.

Saturday, January 5, 2013

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.

Sex Crime Attorney Lawrenceville

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;

CLICK HERE TO READ THE FULL ARTICLE

Thursday, January 3, 2013

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 

Violent Crimes Attorney


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: 

About Me

I hung a shingle in February 2000, because I saw that individuals charged with criminal offenses were being underserved by the attorneys practicing criminal law. Since February 2000, I have represented more than two thousand criminal clients. I only practice criminal law, but I do everything from violations of probation to Supreme Court appeals. There are few attorneys under the age of sixty that have my level of experience. I have tried more than two hundred major felony jury trials. I have tried more than fifty misdemeanor jury trials. In Philadelphia as a prosecutor, I tried more than two thousand bench trials. I have conducted more than three thousand preliminary hearings and bond hearings. Yet, I still have the energy at forty-five to serve my current clients. There is nothing that will occur in a courtroom that I have not experienced before. When you are looking for an attorney, experience is everything.