Criminal Defense Attorney in Cumming

Question: Can the DA use prior arrests as evidence against me? I have never been convicted of any charges in the past, but the DA says those past arrests prove that I''m guilty, on my current charge.

Answer: The DA cannot use prior arrests in his case in chief, but may be able to use prior arrests in rebuttal, especially IF you take the stand and open the door.

Answered by Lawrence Lewis - Criminal Defense Attorney in Cumming

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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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

Mental Health Problems

There are a myriad of mental health problems that unfortunately often lead to arrests for criminal offenses.  However, many of these problems do not have to result in lengthy periods of incarceration, as long as the accused can be properly diagnosed and medicated.  Here are the major mental health problems I have seen firsthand when assisting clients in resolving criminal arrests: 

DEPRESSION 

Depression is typically characterized by a depressed mood or irritable mood, and: 

1. Markedly diminished interest in things normally found pleasurable 
2. Insomnia/hypersomnia
3. Fatigue/loss of energy 
4. Weight loss or weight gain (or nearly daily serious change in appetite) 
5. Observable psychomotor agitation or retardation 
6. Excessive guilt or feelings of worthlessness 
7. Significantly diminished ability to concentrate, and/or 
8. Recurrent thoughts of death or suicidal thoughts/ideation 

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Family Attorney Lawrenceville

Question: I am currently on probation for a domestic agg. battery charge with my wife. We are still married and will like to continue working on our marriage, however, there is a no contact order in place. We would like to get the charges dropped or removed. If that is not possible get the no contact removed. How do we go about this

Answer: You need to retain an attorney to argue your case, and get the bond conditions modified in the meantime. 

Answered by Lawrence Lewis - Family Attorney Lawrenceville, Domestic Violence Attorney Atlanta

Drug Defense Attorney in Gwinnett County

Question: I`ve been charged with possession of marijuana with intent to distribute. I have no prior criminal history. Recommendation was 10yrs. probation and 1 yr confinement. I would rather do 50 yrs. probation than do a day in jail. Are there any alternatives?

Answer: Unfortunately, you do not get to pick the punishment when you are caught for a criminal offense. There are many alternatives. You need to sit down with an attorney in order to review all of the alternatives.

Answered by Lawrence Lewis - Drug Defense Attorney in Gwinnett County

Drug Defense Attorney in Gwinnett County

Question: I`ve been charged with possession of marijuana with intent to distribute. I have no prior criminal history. Recommendation was 10yrs. probation and 1 yr confinement. I would rather do 50 yrs. probation than do a day in jail. Are there any alternatives?

Answer: Unfortunately, you do not get to pick the punishment when you are caught for a criminal offense. There are many alternatives. You need to sit down with an attorney in order to review all of the alternatives.

Answered by Lawrence Lewis - Drug Defense Attorney in Gwinnett County

Three Games The Accused Does Not Want To Play With The Prosecutor

About four years ago, I was appointed to represent a fifteen year old juvenile charged as an adult with aggravated child molestation, which in Georgia carried a mandatory minimum sentence of life in prison, which meant that the juvenile defendant, IF he was found guilty, would have to serve thirty (30) years in prison before he was even eligible for parole.  The victim was his eight year old cousin.  The juvenile defendant had been interviewed by detectives, to whom he had made a full confession.  Recognizing the weight of the evidence, I explained to the juvenile’s mother and aunt that the best case scenario, given the confession, was to have the case transferred from the adult court to Juvenile Court, which would probably mean that the juvenile would face a straight five years in a Department of Juvenile Justice (DJJ) facility.  When mom burst out in tears after hearing about the five years, I knew we would go down the “games” road.  I thought she would breathe a sigh of relief at the five years of incarceration, considering I had just mentioned a mandatory minimum of thirty years in prison, just five minutes earlier.  When she was able to collect herself, her questions, reflecting the “games”, began. 

(1)    THE WHAT HAPPENS IF THE WITNESS DOES NOT SHOW UP GAME 

What happens IF the child/victim does not show up in court?  Although this question is typically asked in the context of a criminal offense involving a civilian victim (e.g. burglary, child molestation, aggravated assault, domestic violence, aggravated stalking, etc.), I have heard the question when the only witnesses are police officers (e.g. drug offenses, fleeing and attempting to elude, DUI, escape, etc.).  The simple answer: IF THE VICTIM OR WITNESS DOES NOT SHOWS UP, ALL OF THE CHARGES WILL BE DISMISSED.  The more complete answer: IN THE FOURTEEN YEARS I HAVE BEEN A DEFENSE ATTORNEY, ONLY A HANDFUL OF FELONIES HAVE BEEN DISMISSED BECAUSE THE WITNESS FAILED TO APPEAR IN COURT.  How many?  Maybe twenty (20) cases out of twenty-five hundred (2500) cases, which is less than one percent, which means you should not rely on the witness to fail to appear in court to make a decision on how you should proceed.

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Drug Defense Attorney in Lawrenceville

Question: I know someone who has been detained from crossing Canadian border trying to renter US no identification they have been going by a different name no work history that I know of. He has a warrant I guess from not appearing in court for having an ounce of weed in his home 20 years ago. I guess he has been in hiding since that time. What possibly could be his options

Answer: No intelligent lawyer would even guess at what is going to happen to him, because I am confident that he is not running around with an assumed name solely because of a misdemeanor marijuana charge from 20 years ago. When his fingerprints are run, all sorts of things are going to pop up. 

Answered by Lawrence Lewis - Drug Defense Attorney in Lawrenceville

Bond Hearing

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

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

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

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

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

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

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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. 

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First Appearance

The first appearance hearing normally occurs within forty-eight hours of an arrest.  It is the first court date after a person has been arrested for either a misdemeanor or felony offense.  The brief hearing normally takes place at the jail, where the person detained will be: (1) told his charges; (2) told his bond amount (if any); and (3) asked about representation.    

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Simple Battery Lawyer Lawrenceville

Question: My daughter who has major mental health issues attacked my son and was charged with battery. She bailed out and the jail told my son she has to stay 100yds away. We had no choice but to bring her home knowingly breaking the order. If we caught who will be in trouble?

Answer: She will go back to jail because she violated the order. You may be arrested for encouraging and insisting.

Answered By Lawrence Lewis - Simple Battery Attorney, Simple Battery Lawyer 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. 

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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:

Husband arrives home extremely late and extremely drunk.  Of course he cannot carry on an intelligent conversation, but the wife, who has had a challenging day herself, is fed up with the drinking, broken promises that come with drinking and irresponsibility.  So, she confronts the drunk husband and fight ensues, replete with shoving, punching and furniture being overturned.

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Criminal Defense Attorney in Atlanta

Question: In the state of Georgia, if one is required to pay a cash bond for pretrial release, and does, can additional conditions be applied to that bond? I.e. probation, random drug screening, random times and dates required for appearances to a probation officer. Keeping in mind there are no prior convictions.

Answer: How can a person report to a probation officer when they are paying a cash bond? You got that all wrong. The person is being put on a pre-trial release, because they do not have all of the money to make a cash bond. In which case, all sort of conditions can be added to the bond. Why? Because the person has not proven themselves responsible enough to be able to have money for a bond. So, prior convictions do not matter. We are in the US, where cash is king. 

Answered by Lawrence Lewis Criminal Defense Attorney in Atlanta