DUI Lawyer Cumming

Question: I was put on community service because I was unemployed and unable to pay my fines. Now that I have a job (third shift), I''m able to make the payments, but my PO refuses to put my back on the payment plan. Is she legally allowed to do this and if so, how do I get myself put back on to payments?

Answer: The PO cannot change the court order, but you can go back to the judge and explain why you need to continually change the conditions of your probation. Good luck.

Answered By Lawrence Lewis - Criminal Attorney Lawrenceville, DUI Lawyer Cumming

How do I find a mentor?

I have attended a number of seminars since school formally ended in 1995.  I have repeatedly heard different speakers recommend that audience members seek out mentors.  While I suspect that it is widely accepted that acquiring a mentor is invaluable for gaining in-depth insight and experience in a particular area, I also expect that most people are like me in that they either: (1) do not want to pay for mentoring (if money is involved it starts to smell like tutoring, not mentoring); and/or (2) do not know where to begin their search for a mentor.  Some folks go to church for their guidance, but I have found that the pastor quoting First Peter, chapter 3, verse 7 [“likewise, ye husbands, dwell with them (wives) according to knowledge, giving honor unto the wife”] – does not help me gain any actual knowledge into how I need to conduct myself as a husband.  I continue to search for mentors in the five areas most germane to my life: 

1. Transformational Growth
2. Health 
3. Finance and Money 
4. Marriage  
5. Child Rearing 

While I search, I read and contemplate.  Because clients have many of the struggles and concerns that have been addressed in the materials I have read, I have often recommended reading material.  Please 

find attached my reading list.  I will continue to add more books that I find useful.  Most of the recommended material that follows can be found in both book and CD form at the local library.  I 

have listened to the probably 80% of the material for free, before I ever purchased the book for my library.  I have read and/or listened to every book I recommend.  While the subject matter is not in order 

of importance, because for some marriage may trump health right now, while for others health trumps child rearing, the materials are organized by the impact that they made in my life.  Happy journey.    

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Criminal Defense Attorney in Atlanta

Question: How to do I appeal my case and get tried as a first offender?

Answer: An appeal means you have been convicted. You appeal the case my retaining an appellate attorney. You do not get tried as a first offender. If you get convicted, the judge has the discretion to sentence you as a first offender. If you have been convicted and the judge refused to sentence you as a first offender, there is no appeal to his decision to NOT sentence you as a first offender, IT IS TOTALLY up to the trial judge. 

Answered By Lawrence Lewis - Criminal Defense Attorney in Atlanta

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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Criminal Defense Attorney in Gwinnett County

Question: If someone in the court is an onlooker while the jury is present yells out in court that the defendant is guilty what happens?

Answer: The judge would determine who the person is. If the person is with the defense, the person would be removed. If the person is with the prosecutor or victim, then the judge might entertain a motion for mistrial. It all depends.

Answered By Lawrence Lewis - Criminal Defense Attorney in Gwinnett County

Armed Robbery

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;

(2) Robbery by intimidation (O.C.G.A. § 16-8-40(a)(2)) where one person takes the property of another from the immediate presence of another by intimidation, by the use of threats or coercion, or by placing the such person in fear of immediate serious bodily injury;

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Burglar Defense Attorney Lawrenceville

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

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.

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Criminal Defense Attorney 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 

Sexual Offenses

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;

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Traffic Citation Attorney in Lawrenceville

Question: I gave a police a false name when I got stopped but then told him the truth and he told me he would not put it in the report but still did is there anyway I get can out of jail-time? I am a working student and don`t want a tarnished record.

Answer: I gave false info, but I do not want a tarnished record. That does not make sense. You gave a false name, PERIOD. While you might not go to jail, there will be some consequence.

Answered by Lawrence Lewis  - Traffic Citation Attorney in Lawrenceville

Traffic Citations

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);  

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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

Lawrenceville DUI Attorney

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

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

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

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Drug Defense Attorney in Georgia

Question: What is the law for smoking pot in a hotel room? Can management walk into the room and confiscate parafanila without guest present? And..Can management charge $200 for smoking in a non-smoking room?

Answer: Management can just walk in when you are smoking in a non-smoking room. Management can charge additional fee. Management can seize contraband and contact police.

Answered by Lawrence Lewis - Drug Defense Attorney in Georgia

Burglary Defense Attorney in Atlanta

  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. 

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