Felony Defense Attorney in Lawrenceville

Question: Found a $3000 canoe trapped in a low river while kayaking. Put an ad in lost and found on craigslist and on boater talk for 2 weeks. Tried to sell it and the parks and recreation department posed as buyers, wrote a ticket for misappropriation of property, confiscated the boat and said we would have to go to court. Do I have any recourse?

Answer: Sure you can fight the case. I suspect that you will need an attorney to fight the case. But it appears that your argument is that you tried to locate the owner? IF parks and recreation can establish that the canoe was taken from a secure area, you might have more of a problem.

Answered By Lawrence Lewis - Felony Defense Attorney in Lilburn

DUI Attorneys in Lawrenceville

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:

■ The Criminal Case.

First, you will answer the misdemeanor criminal charge of DUI in the Georgia State Court System.  The clerk of court will mail you notice of your first court date (i.e. arraignment, where you will plead guilty or not guilty) around five months after your arrest.  In order to preserve your rights, your DUI attorney will file pre-trial motions.  Many times your attorney can waive your appearance at many of these court dates saving you additional stress, aggravation and embarrassment, while your attorney methodically fights each part of the case.

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Drug Defense Attorney in Gwinnett County

Question: When charge with less than a oz of marijuana and a judge say pay 685 is that half are whole amouth do i pay a percent of that?

Answer: You are charged with less than an ounce of marijuana. If the judge indicated that your bond was $ 685, then you may be able to pay a percentage if a bondsman went on your bond. If you entered a guilty plea, and the judge said a fine of $ 685, then you must pay the $ 685 plus teh surcharge associated with the fine. So, there will be a total expense of around $ 1000. Let me suggest this: Because your question is so poorly worded, and indicates such muddled thinking, you may want to refrain from using drugs, and get a bit more education.

Answered by Lawrence Lewis -- Criminal Defense Lawyer

Burglar Defense Attorney Lawrenceville

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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Theft Defense Attorney in Lawrenceville

Question: I was with a minor that was shoptlifting. I didn''t know she was shoplifting. I was picking out clothes for her and she was trying on stuff and I was holding her purse for her as well as mine. We switched purses mistakigly and she ended up putting things in her purse as well as mine. We walked out the store and were stopped the man said he saw her putting stuff under her dress. They are charging me with shoplifting and I have to go to court what should I plea?

Answer: You should plead guilty for being clueless: (1) no prosecutor or judge is going to believe that you are in a store with a shoplifter, and you don''t know anything about it, and are being used to assist in the shoplifting; (2) no attorney shoudl believe that is what occurred; and (3) IF it did occur, you have the worse judgment in friend selection. You cannot plead not guilty, because you cannot try the case yourself. You cannot plead not guilty because you do not intend to retain an attorney. You cannot plead not guilty, because you have no intention of telling your public defender the truth. So, plead guilty, get probation and explain ti to your future employers why you have a shoplifting conviction. Good Luck.

Answered by Lawrence Lewis - Theft Defense Attorney in Lawrenceville

Hire an Attorney for Expungments & Criminal Cases

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.

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Drug Defense Attorney Lawrenceville

Question: My fiance was charged with intent to sell drugs and was given a reduced bond to get out of jail. How does a reduced bond work and what are the conditions of a reduced bond?

Answer:  A reduced bond works the same way as a regular bond, except the amount required to make the bond is less (therefore reduced) than it was before. Good luck.

Answered By Lawrence Lewis - Drug Defense Attorney Lawrenceville, Drug Offense Lawyer Gwinnett County

Experienced Juvenile Attorney in Lawrenceville

Criminal cases impacting minors (children under the age of 17) are handled differently than those where adults are arrested.  The criminal courts have long recognized that a child’s developing mind is not able to comprehend and appreciate the consequences of certain behaviors.  Therefore, for juveniles accused of a criminal offense, the courts focus on education and rehabilitation, rather than strictly punishment.  Although delinquency petitions, where criminal offenses are allegedly committed by a child under the age of 17, may be the most common type of case addressed in Juvenile Courts in Georgia, there are actually five types of cases (also known as petitions) addressed in Juvenile Courts: 

1.  Delinquencies (where a criminal offense is allegedly committed by  a child under the age of 17);

2.  Unruly/Runaways (where a parent files a petition against a vehemently disobedient child under the age of 18);

3.  Truancies (where a school official files a petition, alleging the child refuse to attend school);

4.  Deprivations (where Department of Family and Children’s Services (DFACS) investigates whether the parents are providing for the health and welfare of the child); and

5. Termination of the Parental Righs. 

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Criminal Defense Attorney in Fulton County GA

Question: I pawned a tv that was from a rental company that i was paying for it. I didnt know i was gonna lose my job and not be able to get it out to give back to the rental company or pay the rental company(arrons). So now they are threatening to take out a warrant for my arrest. I just needed the money to help pay bills for my pregnant girlfriend.(she has to eat) This is my first offense and i am currently enrolled at a police academy employed by Fulton County Police Department, Ga. (havent got payed yet to pay it). what could be my consequences in court.

Answer: If you have not been arrested, I an assuming you are scheduled to appear in court for a warrant application hearing. At the hearing, Aaron''s will present evidence as to why the warrant should be taken. If Aaron''s wins, you will be arrested right there on the spot, and will have to post a bond in order to get out of jail. Because you are short on money, you may not be able to post a bond, which means when you are scheduled to appear for training, you will have an unexcused absence, ending your law enforcement career. Once Fulton finds out about the arrest, I suspect that your career will be over. Therefore, the question for you to answer now is: Do I intend to retain an attorney in order to save my career.

Answered By Lawrence Lewis - Criminal Defense Attorney in Fulton County GA

Pre-Trial Hearings

A pretrial conference is a meeting of the parties to a case conducted prior to trial. The conference is held before the trial judge or a magistrate, a judicial officer who possesses fewer judicial powers than a judge. A pretrial conference may be held prior to trial in both civil and criminal cases. A pretrial conference may be requested by a party to a case, or it may be ordered by the court. Generally, the term pretrial conference is used interchangeably with the term pretrial hearing.

A pretrial conference may be conducted for several reasons: (1) expedite disposition of the case, (2) help the court establish managerial control over the case, (3) discourage wasteful pretrial activities, (4) improve the quality of the trial with thorough preparation, and (5) facilitate a settlement of the case.

Pretrial conferences are conducted in criminal cases to decide matters that do not inquire into the defendant''s guilt or innocence.   In Georgia, state courts use the pretrial conference in criminal cases to decide such preliminary matters as what evidence will be excluded from trial and what witnesses will be allowed to testify.  The pretrial conference is where the defense attorney has the opportunity to argue any motions to exclude certain prejudicial evidence (i.e. motions to suppress).

Generally, the substance of a pretrial conference for a criminal case is the same as that for a civil case.  At the conference the judge or magistrate may make rulings on pre-trial motions, eliminate repetitive evidence, and set schedules.  If a preliminary issue arises after the pretrial conference, a party may request a special pretrial hearing with the court to address the issue.  Typically, whatever is not addressed at the pretrial hearing is resolved in court on the first day of trial, out of the presence of the jury, in a motion in limine.

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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

Calendar Call

Jury trials are a logistical nightmare.  The prosecutor must gather all of the state’s witnesses, each of whom has his own life, employment issues and childcare issues.  The defense must gather all of the defense witnesses, some of whom must come from outside of the state.  The judge, with the help of the bailiffs, must make sure all of the jurors appear in court to hear the testimony of all of the witnesses.  The court reporter must be present to take everything down.  So, she can create a transcript later.  The sheriff is present to provide security in the courtroom, and make sure anyone needed from the jail is transported.  If anyone is missing, everything grinds to a halt.  Jury trials are a logistical nightmare.

Because of the logistical demands of a jury trial, courts have created court dates known as calendar calls, where criminal cases are called to court, so all attorneys (prosecutors and defense attorneys) can announce if they are actually ready for a jury trial.  If the prosecutor or defense attorney is NOT ready to go to trial, the respectiveattorney must explain why he is not ready to go to trial, and when he might expect to be ready to go to trial.  Ifboth the prosecutor and defense attorney are ready for jury trial, the judge will either tell  both parties:  (1) report for jury trial on a date certain; or (2) they are on-call, which means they should be ready in the event that the cases which have actually been called in for trial resolve themselves short of jury trial.

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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

Bond Hearing Law

  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:

(1) Recognizance bond (also known as “OR” bond, “ROR” bond or “signature” bond) is the defendant`s written promise to appear in court on the date set and abide by the terms set by the judge. No monetary pledge, cash deposit or security by property or professional bondsman is required.  This is the best type of bond, because it is sign and go.  It is the type of bond most automobile driver’s are granted after a traffic citation.  It is rarely granted on felony offenses.   

(2) Property bond is a secured bond, where defendant or family/friend posts equity in property as a pledge that the defendant will appear in court on the date set and abide by the conditions of the release. The judge may forfeit any type of security in the event the defendant does not appear in court on the date set.  A property bond is a good bond, because it does not require the outlay of any money.

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Drug Offense Attorney in Lawrenceville

Question: My brother was charged with trafficing meth. What can I do to help? He has a major problem. He is not a dealer.

Answer: Unless you plan to help him retain an attorney, there is nothing you can do, expect maybe put money on his books when he is incarcerated, and talk about how unfair the system is. If you intend to make any real impact, then you need to hire an attorney for him, and get real with yourself. Trafficking is 28 grams or more. Your brother is not injesting 28 grams or more at one sitting. If he is selling/delivering to support his habit, then he is a dealer.

Answered By Lawrence Lewis - Drug Offense Attorney in Lawrenceville

Preliminary Hearing Law

The preliminary hearing typically occurs between ten and fourteen days after arrest.  A preliminary hearing (also known as a “probable cause” hearing, or “commitment” hearing) is a proceeding where the prosecutor must establish in court that they have enough evidence to detain the individual on the filed charges (i.e. warrant).  The hearing is designed primarily for the benefit of those incarcerated individuals who have been unable to post bond, to ensure that they are not held in jail on unfounded charges.  However, individuals out on bond are also permitted to request a preliminary hearing, and as a general rule an attorney should request one in almost every felony case regardless of whether the defendant is in jail.

        If a defendant is in jail at the time the preliminary hearing is conducted and the state fails to establish probable cause that he or she has committed the offense, the defendant is entitled to have the charge dismissed and to be released from jail. If the defendant is not in jail and the state fails to establish probable cause the defendant is entitled to have the charge dismissed and to be released from the conditions of his or her bond. However, a dismissal of the charge at the preliminary hearing does not prevent a grand jury from issuing an indictment against the defendant at a later date. Thus, a defendant whose case is thrown out at a preliminary hearing could still face the same charges again. If this occurs, then the defendant will be rearrested on the same charge, and would have to post bond in order to get out of jail while awaiting trial.

        Although the defendant has the right to request a preliminary hearing, the defendant loses the right to the hearing if the state obtains a grand jury indictment before the hearing is held. Thus, in some cases the prosecutor may rush a case to the grand jury as a tactical move to deprive the defendant of the opportunity to have a probable cause hearing. There are also situations where a case may be presented to a grand jury before the defendant has been arrested for any crime, and he or she learns of the allegations for the first time after a grand jury has issued an indictment. In such a situation, the defendant has no right to a preliminary hearing.
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Theft Defense Attorney in Lawrenceville

Question: What is theft by taking and how would it have to be proved?

Answer: It is what is sounds like. The accused has taken something that does not belong to him without the owner/caretaker''s consent (i.e. stealing). There are a myriad for ways to prove it. The owner can identify it, and explain he last saw it ten minutes ago inside of his car/boat or house. An eyewitness can testify that he saw the thief possess it, and the owner explains that he gave no one permission. The police can explain they saw the thief with the item.

Answered By Lawrence Lewis - Theft Defense Attorney in Lawrenceville

Sentencing

QUESTION:      

      I was charged with a theft by shoplifting misdemeanor, value of the items were13.33 and it was food taken because I didn’t have the money to pay for food and people in my dwelling including myself had nothing to eat. I was given the standard disposition 12 months’ probation, 40 hrs community service and a hefty fine, as well as spent 7 days in jail, I feel that this was an injustice, the time spent in jail was enough. I have no job and no car or reliable source of transportation there for making it difficult as well as a hardship to comply with these orders.  What can I do about this?  Can I appeal?  Also can I get a public defender for this? Please tell me what can I do?

ANSWER:         You can return to court and ask the judge to reconsider the sentence in its entirety (unlikely to work), or ask the judge to convert more of the fine to community service. You need to do as much community service as you can. Why do I think that? You told me. You are in a place where you don`t have $ 15 in your pocket for food. The people in your company do not have $ 15 for food. You do not have a car or a job. Therefore, you need to retrain your mind. You need to find employment, and a better group of people to keep your company. If you volunteer with Habitats for Humanity you will be introduced to people who can substantially improve your situation. First, you can get training on how to lay tile or hardwood, or learn plumbing work, and maybe even land a job. Second, you can get connected to folks that can help you find decent housing. Third, you will improve your company. OR you can continue down the road you are on, which will clearly result in a prison sentence, for something that you did not do.

There is no appeal to a guilty plea. You can ask the judge to withdraw the plea, but since you were in jail for 7 days before you entered the plea, I know that you were not drunk of high when you entered the plea. The judge will not appoint a public defender.