Saturday, March 30, 2013

Sex Crime Attorney in Lawrenceville

Question: There was a case involving a sex crime which led to probation under the first offender act in 2008. The probation was terminated early in 2013. Can the crime be taken off of that persons record and that person be free of the sex offender registry? If so, when?

Answer: The crime is not coming off, but the sex offender registry may end as early as 2023.

Answered by Lawrence Lewis - Sex Crime Attorney in 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 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.

Tuesday, March 26, 2013

Armed Robbery Attorney Atlanta

Question: Three men drive into Bainbridge . The passenger of the vehicle and rob the port city bank at gun point while the driver waits in the get away car. The men that entered the bank are charged with armed Robbery and aggravated assault. Under Georgia's party to a crime statue, what can the driver be charged with?

Answer:  The exact same thing. More information is available about armed robbery defense  Good luck...

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. 
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Friday, March 22, 2013

DUI Attorney in Lawrenceville

Question: If I have a felony, and plead 1st offender, but then received a DUI charge during my probation period, can I have the felony expunged?

Answer: The felony will not be expunged. The felony is not even completed. If the judge determines that you violated your first offender probation was violated with the DUI, then you may be adjudicated and then re-sentenced to prison. You need to retain an attorney as soon as possible.

Answered by Lawrence Lewis - DUI Attorney in Lawrenceville

Armed Robbery Attorney Atlanta


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;

Monday, March 18, 2013

DUI Attorney in Lawrenceville

Question: If I have a felony, and plead 1st offender, but then received a DUI charge during my probation period, can I have the felony expunged?

Answer: The felony will not be expunged. The felony is not even completed. If the judge determines that you violated your first offender probation was violated with the DUI, then you may be adjudicated and then re-sentenced to prison. You need to retain an attorney as soon as possible.

Answered by Lawrence Lewis - DUI Attorney in Lawrenceville

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 investing

Thursday, March 14, 2013

Theft Defense Attorney in Lawrenceville

Question: My Brother is being charged with theft by taking, from a company($5,000 +) that he resigned from. He informed the company that he was guilty and wishes to pay them back immediately. How should he go about doing so, and how can he guarantee that the charges will be dropped, if at all?

Answer: He cannot guarantee that the charges are dropped. I would advise him to retain an attorney, but if he wants to repay the money first, then he repays the money. Recognize: His repayment of the money is an admission. Good luck.

Answered By Lawrence Lewis - Theft Defense Attorney in Lawrenceville

Sex Defense 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;
 
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Wednesday, March 6, 2013

Drug Offense Attorney Lawrenceville

Question: My sister was charged with trafficking cocaine after a search warrant was served at their residence.investigator found 20.9 grams of crack cocaine. her boyfriend told them that the drugs was his and she didnt have anything to do with it but she was charged anyway. they both are being held without bond even though neither are convicted felons.my question is can she beat this charge and second how do we get her a bond hearing appeal

Answer: Did she have a bond hearing? Until she has a bond hearing, there is no appeal. If she has had a bond hearing, she can appeal her denial of her bond in Georgia Court of Appeals. Her attorney should know how to handle that. As far as her beating the case, there is no way anyone can tell, because you have not included enough facts. The mere fact that the boyfriend says she is not involved will not result in a NOT GUILTY.

Deposit Account Fraud-Forgery


DEPOSIT ACCOUNT FRAUD – FORGERY – FINANCIAL IDENTITY FRAUD
 
In these tough economic times, some folks have acted in desperation, writing checks for goods and services either hoping there will be enough money to cover the check, or worse, knowing there is not enough money in their accounts to cover the checks.  Most don’t realize that writing a bad check is a criminal offense, and that more and more businesses receiving those bad checks are pursuing criminal warrants.  Unlike violent crime (e.g. armed robbery, aggravated battery), “paper crimes” are often viewed as less serious offenses.  Nonetheless, prosecutors are recommending, and judges are handing out, steep penalties, including substantial jail time for individuals convicted of paper crimes.  Often times the severity of the sentence depends on: (1) the criminal offense at issue; (2) the number of prior convictions for paper crimes; and (3) the amount of money involved.
 
First, there are a number of different “paper crimes,” including:
 
(1) Identity Fraud (O.C.G.A. § 16-9-121(a)) is defined as willfully and fraudulently (1) without authorization or consent, using or possessing with intent to fraudulently use, identifying info concerning a person; (2) using identifying info of an individual under 18 over whom the accused exercises custodial authority; (3) using or possessing with intent to fraudulently use identifying info of a deceased individual; (4) creating, using, or possessing with intent to fraudulently use any counterfeit or fictitious identifying info concerning a fictitious person; or (5) creating, using, or possessing with intent to fraudulently use any counterfeit or fictitious identifying info concerning a real person.    

Saturday, March 2, 2013

Robbery Defense Attorney in Atlanta

Question: If a 3rd party knows that someone stole someone else's personal property and doesn't come forth, can they be liable or charged with anything?

Answer: Only IF they are holding the stolen property or were present when the property was stolen.

Answered by Lawrence Lewis - Robbery Defense Attorney in Atlanta

Murder Homicide


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.

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.