Wednesday, October 30, 2013

Robbery Defense Attorney in Lawrenceville

Question: I was working the night my store became the target of an armed robbery. Two men came in with guns and robbed our store. Even had a customer present at the time. The men still have not been caught. When they are caught, can I sue them for endangering my life during the commission of their robbery?

Answer: Sure you can, but clearly you are not that bright. How much money do you think folks that rob stores at gunpoint have. How many investment properties? If they are convicted, they will spend a minimum of ten years in prison. If they have committed more robberies, they may spend 20 or 30 years in prison. Can you wait 30 years for your lawsuit?

Answered By Lawrence Lewis - Robbery Defense Attorney in Lawrenceville

Speedy trial demands

QUESTION:       My friend was arrested for two felony forgery counts.  Bond has been set but there has been no arraignment and no indictment.  He has been sitting in jail for 4 months. He has a public defender whom he has never met.  I spoke to the PD once but he does not return calls.  We want to know if he can request a speedy trial even though there has been no indictment.


ANSWER:         No statutory speedy trial demand can be filed until an indictment or accusation is returned. A constitutional speedy trial demand can be filed, but it does not force the prosecutor to trial quickly. Because your friend is represented, he cannot file either speedy trial demand on his own.

Saturday, October 26, 2013

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

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. 

Tuesday, October 22, 2013

Robbery Defense Attorney in Duluth

Question: My friend snatched a ladys purse and jumped in to my car screaming GO GO GO. So I went but then when i seen he really had the bag , I stopped the car and made him give it back to the lady . Could i be charged with anything since I''m technically the person who stopped the crime?

Answer: Yes, the DA could charge you as a party to the crime of robbery by sudden snatch. What will determine IF the DA charges you will probably the circumstances under which you stopped the vehicle and gave the woman back her purse. If the police stopped you, and you screamed at your friend to give her the purse after the police stopped you, then you will probably be charged with robbery by sudden snatch, and you may need an attorney.

Answered By Lawrence Lewis - Robbery Defense Attorney in Duluth

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:

Sunday, October 20, 2013

Burglary Defense Attorney in Norcross

Question: If some one is saying I committed a burglary with them can I be convicted on just hearsay?

Answer:  Yes, IF the co-defendant said you burglarized the house with him, and there is proof that a burglary occurred. 

Answered by Lawrence Lewis  - Burglary Defense Attorney in Norcross

Can I trust my public defender?

Q: Can I trust my public defender?
A: MAYBE, it depends on your level of maturity.  There are a number of reasons the system does not work.

THE TOP FIVE REASONS THE PUBLIC DEFENDER SYSTEM DOES NOT WORK
When a criminal defendant indicates that he is unable to afford an attorney, the judge will often appoint an attorney.  This court appointed attorney represents the defendant at a minimal cost, often just the cost of appointment, which is currently fifty dollars ($50) in Georgia.  Irrespective of whether the indigent criminal defendant is represented by the public defender, court appointed counsel (private attorney that agrees to take court appointed work), or a conflict defender, the relationship is often strained, and the system fails to work.  There are a number of reasons the system does not work:

(5) Clients arrested for criminal offenses have poor judgment.  This should be no real surprise.  Some poor choice has led to the arrest.  Either the criminal client has elected to knowingly participate in criminal activity, OR associate with others who he knows frequently engage in criminal activity.  Either the criminal client has deliberately placed himself in a dangerous locale, OR has followed some friend to a den of iniquity.  I have yet to represent the honor student on his way home from chemistry lab that gets caught up in the drug raid.  I am sure some attorney has, just not me.  Irrespective of how the arrest occurred, the client often gave the officer arresting him plenty of reason to arrest him.
After he is arrested and assigned an attorney to represent him, the criminal client begins the relationship by referring to the court appointed attorney has a “public pretender” or “free lawyer”.  Only an insane person would think it is a good idea to insult the only person standing between the criminal client and a lengthy prison sentence, and justify the insult as a means of motivating the attorney to do more on his case than the next defendant. 

Wednesday, October 16, 2013

Felony Defense Attorneys Lawrenceville

Question:  If you get kicked out of a state as minor for a felony, Can you ever go back it has been well over ten years with no other convictions?

Answer: Do you mean banishment? If you were banished, and your sentence is over, you can go back. When your friend (not you) gets you into trouble, you should be ready for a punishment twice as bad as anyone else. Why? Because you were banished. But returning is not prohibited.

Answered By Lawrence Lewis - Felony Defense Attorneys Lawrenceville

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.    


Saturday, October 12, 2013

Sex Defense Attorney in Lawrenceville

Question: I just found out my 17 year old son got his 15 year old girlfriend pregnant. Does he need to worry about any type of legal charges.

Answer: Yes. 15 year olds cannot consent to sex. He can be charged with statutory rape and go to jail. He may become unemployable for life. And on top of that he is going to owe 18 years of child support. 

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. 

Thursday, October 10, 2013

Drug Defense Attorney in Lawrenceville

Question: I have absconded from probation on charges of misdemeanor possession of marijuana for almost fours years now, when I go to turn myself in what should I expect? It was my first offense and I am in the state of Georgia where said charges had occurred. My original sentence for my charges was one year probation and drug/alcohol abuse class.

Answer: You should expect to go to jail for the balance of your probation.

Answered by Lawrence Lewis - Drug Defense Attorney in Lawrenceville

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.

Tuesday, October 8, 2013

Rape Defense Attorney in Lawrenceville

Question: I am trying to help a kid who has just made the worst decision anyone could make... he got caught having sex with his 14 year old girlfriend... he is 17... it was consensual but i know the age is a problem... they are both minors... is there anything we can do to help prevent him from being marked as a sexual offender for the rest of his life?

Answer: Your friend has committed a rape. Persons under 16 cannot consent to sex. Also, since he is 17 he will be prosecuted as an adult. He needs a good attorney ASAP. The 17 year old is not a minor in GA. The 14 year old cannot give consent.

Answered by Lawrence Lewis - Rape Defense Attorney in Lawrenceville

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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Sunday, October 6, 2013

Burglary Defense Attorney

Question: My son is in jail for burglary. They filed for Quick and speedy trail in January. We were under the impression that the law states 3 court terms or 6 months. Is this right?

Answer: It depends on the county that you are in. Terms of court defer county by county. In some counties the there are three four month terms and others there are six two month terms.
 
Answered by Lawrence Lewis - Burglary Defense Attorney

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.

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Wednesday, October 2, 2013

Felony Probation Attorney in Lawrenceville

Question: My girl friend is on felony probation. For a meth possession charge. She stopped reporting. An was arrested for it. She is now in jail an just received a letter from the DA. It says she will now have to go to a revaluation hearing. I have spoke to her PO an was told she would probably be offered a waiver. What does this mean? An is there anything I can do to help her?

Answer: First, she is going to a revocation hearing. Second, the only thing you can do is retain an attorney for her.

Answered by Lawrence Lewis - Felony Probation Attorney in Lawrenceville

PROTECTIVE ORDER HEARINGS – RESTRAINING ORDERS

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.


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.