Theft Defense Attorney in Gwinnett County

Question: My son was accused of snatching a lady cell phone by two 13 year old boys that he did not know, The boys told the detectives they attended his school and gave 2 initials for his name and gave a totally false description . Which the detective did not due his due diligence in researching how many TK went to school and if my son is not the only TK that attending the school or the children where truthful before obtaining a warrant. I need to know without doing due diligence in questing the parents 1st before obtaining this warrant if they had probable cause to ask for a warrant without doing his due diligence . Without researching if the children attended the school, if there where more then one TK, which there is 3 , or his description for getting getting the search warrant.

Answer: The Magistrate judge determined that the police officer had probable cause, which is why the warrant was issued. So now, you will retain an attorney, or keep asking questions about what has already transpired. 

Answered by Lawrence Lewis - Theft Defense Attorney in Gwinnett County

Sexual Offense Attorney in 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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Criminal Defense Attorney in Suwanee

Question: I''ve been given 18 months to complete a jail term for a violation of probation can my PO lock me up before times up?

Answer: Yes especially IF it looks like you will not be able to complete the terms of your probation.

Answered by Lawrence Lewis - Criminal Defense Attorney in Suwanee 

Traffic Citation Attorney in Lawrenceville

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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Felony Attorneys Lawrenceville

Question: My husband is 43 years of age and has never been in trouble before...We had just got papers for him to appear in court on June 17, 2011 for charges back about 2 years ago...This happen in Madison County GA...He is charge with theft by taking-felony...He had taken some old mobile home axles on someone property for scrap to get money...This is his first offense...He is sorry for doing this and we are worried if he will serve any time for this? Can you give us and answer? Is it possible that he could just get a fine and probation..main thing is worried if he could serve time or will serve time is what we would like to know...He just made a wrong decison of thinking.....thanks!

Answer: Because he has no prior record, the judge will probably give him probation, community service and a fine. While you may think that is fantastic news, I reality it is not fantastic news. Why? Because you have indicated that your husband is dealing with hard times. First, he will have a harder time finding employment with a felony conviction. Every week people call asking how to get the charge (where they happily agreed to probation) expunged from their record, because they cannot find employment. The conviction will not be expunged. Second, related to the hard time, if he cannot meet his obligations while on probation, or stops reporting to probation because he cannot meet his obligations (probation supervision fee, community service b/c he does not have gas for the car), or has another lapse in judgment, the judge will send him directly to jail. While no one thinks about violating probation, half of the justice system deals with probation violations. Therefore, I would suggest trying to hire an attorney to assist you. 

Answered By Lawrence Lewis - Felony Defense Attorney

Drug Defense Attorney in Metro Atlanta Area

Federal and state drug possession laws make it a crime to knowingly and willfully possess illegal controlled substances such as marijuana, methamphetamine, cocaine, LSD, and heroin. These laws also criminalize the possession of "precursor" chemicals used in drug cultivation and manufacturing, as well as certain accessories related to drug use.  Drug possession laws vary according to drug type and amount of the drug.  Possession of small quantities may be deemed “simple” possession (O.C.G.A. § 16-13-30(a)), while possession of larger amounts may result in a charge of possession with intent to distribute (O.C.G.A. § 16-13-30(b)) or trafficking (O.C.G.A. § 16-13-31). 

 

Drug crimes spring from a wide variety of fact patterns.  At Lawrence Lewis, P.C., we have represented people who have been accused of growing, selling, producing, importing, delivering, possessing and trafficking drugs.  The drugs involved in these cases have included cocaine, heroin, methamphetamine, ecstasy and marijuana.  In addition, in recent years, law enforcement and prosecutors have begun to rely on wire taps and other clandestine surveillance techniques to apprehend and prosecute individuals suspected of involvement in the drug trade.  The use of wire taps has added great complexity to the defense of individuals accused of drug offenses, and overwhelmed most novice criminal defense attorneys.  Few attorneys have handled as many wiretap cases as Lawrence Lewis. 

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Fraud Attorney in Lawrenceville

Question: I was charged with id theft and financial credit card fraud. To clarify, not charged yet. An investigation was done, and given to the DA office for special presentment. At the time I was a police officer, lost my job over the accusation, worked for the deot that investigated the allegation. Its been 1 year, nothing has been done. Its cost me my home a car and destroyed my marriage. I can''t get a job because the former agency says I was fired for committing a felony, yet I''ve never been charged nor is it even a pending charge, its just a file sitting in the DA office with no actions. How is it this can be legal? I live in Georgia...

Question: You were a police officer. So, you should know exactly how it works. You need to retain an attorney in order to file a speedy trial demand and force the DA to make a decision.

Answered by Lawrence Lewis - Fraud Attorney in Lawrenceville

Deposit Account Fraud Forgery attorney

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.    

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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

Murder Defense Attorney

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.

 

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Family Attorney in Lawrenceville

Question: I`ve been charged for child cruelty in georgia state what could happen to me if i dont have an attorney?

Answer: If you decide to resolve the case without an attorney, you WILL be going into custody. IF you do not go into custody the day of the guilty plea (because you agree to probation), you will go to jail on a probation violation. Your money will either come up short, because you didn`t know a $ 1000 turns into $ 1320 with surcharges, or you really didn`t believe that you could not leave a message to change your probation date, and your probation officer never called you back, but just took a warrant. Or you did not realize that you could not leave the state of Georgia without your probation officer`s permission, even for an emergency death in the family. You don`t appreciate what an attorney can do, so you definitely don`t understand problems that an experienced attorney can help you avoid.

Answered By Lawrence Lewis - Family Attorney in Lawrenceville

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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