Tuesday, December 31, 2013

Criminal Defense Attorney in Atlanta

Question: What is purpose of commit hearing and what evidence should be presented?

Answer: 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.

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:

Friday, December 27, 2013

Drug Defense Attorney Lawrenceville

Question: The Confidential Informant stated that it observed several people inside and outside the residence and that there was marijuana throughout the residence in plain view. For these reasons an other persons provision is requested. NO Knock Provision

....Does the fact that there were people or drugs present in a controlled buy justify a No Knock Warrant issued by the magistrate in Georgia?

Answer: This is a fascinating question for this reason. Let us assume that I vehemently maintain that the judge overstepped his discretion in signing a "no knock" warrant. What can you do with that information? Absolutely nothing. First, either there is no attorney on the case, in which case the law will not be argued by lay folks (i.e. non-lawyers). Or second, there is an attorney on the case and he/she does NOT know the law, which means my telling him/her the law is meaningless because he/she must still cite case law in order to defend his/her position

Why should I attend anger management classes?

Q: Why should I attend anger management classes?
A: Anger management classes are the most underutilized resources in the criminal justice system.  If conducted properly, anger management will give you a great deal of insight into why you do what you do.

IT IS NOT ABOUT THE ANGER

                Often times when a person is convicted of some type of family violence, the judge will sentence the person to attend anger management classes, in an effort to help the person learn skills to diffuse or redirect anger, and learn more constructive ways to express anger.  If the person attending the classes is open to the instruction, then he will acquire some tools to diffuse his anger.  If he is really lucky, he will gain some insight into where his anger comes from. 

Anger is often a secondary emotion, which we jump to in order not to feel the pain or vulnerability of the initial emotion.  So, while there may be a great deal of anger in the workplace, at home, at school or on the internet, the anger comes from very different emotional places.  For example, when one person feels afraid, thefear is often quickly replaced by anger.  Fear is associated with being a victim, or being weak, while anger has the power of a victor.   Similarly, hopelessness is associated with being fragile or dependent.  So, the more hopeless a person feels, the more that emotion may demo

Monday, December 23, 2013

Drug Offense Lawyer in Lawrenceville, GA

Question: Arrested with 5 Ritilin and 3 Adderall pills And 6 Xanax and 4 kolonopin pills. This was in GA. I live in NC. I have scripts but did not take scripts on road. Can I write letter to magistrate with letter from doctor to try to get out of it.

Answer: Were all of the meds in their original containers? If not, then you still will be guilty of an offense, even with the note from your doctor. Therefore, you need an attorney.

Answered by Lawrence Lewis - Drug Offense Lawyer in Lawrenceville, GA

You cannot press charges and she cannot drop charges

I have not yet determined where the term “pressing charges” originated, but each day folks on-line ask about whether they can press charges, or IF someone that has elected to contact the police can now drop charges. Although the process is relatively simple, no civilian can go to the courts to press criminal charges. First, when there is an emergency, most people call 911, and emergency services (i.e. police, fire dept.) are dispatched. When a civilian caller dials 911, they cannot tell the 911 dispatcher who to send to the house, or location, they can only describe the emergency. The 911 dispatcher decides who will be sent to the location. When the police arrive, they listen to the story and decide what course of action should be taken. When the police make an arrest, the state has the case. So, when the intoxicated wife wants her cheating husband arrested, and tells the police that he struck her, only to try and recant the story four days, or four weeks, later, she does not have any power to drop any charges. The case belongs to the state prosecutor, who is the only person who will decide IF the case will go forward, and what charges the accused will face. The state prosecutor is not picking up the charges that the wife wants to drop, because as long as the police are placing handcuffs on the accused, it is the prosecutor’s case. 

Second, where 911 is not called, and the police do not respond to an emergency, a victim can go to the police and speak to law enforcement, and ask that the police take action on the case. There are a number of factors that impact whether police will investigate and/or make an arrest: (1) credibility of the victim; (2) number of witnesses that observed the incident; (3) physical proof of the allegations, like injuries or physical damage to property; (4) explanations concerning why 911 was NOT phoned; and/or (5) accused’s criminal history. IF the police choose not to arrest a person, especially, IF the allegations amount to a felony offense, there is nothing else to be done. Only law enforcement can bring felony charges against an accused. There is no “pressing felony charges” against another person. 

Click here to read the full article 

Thursday, December 19, 2013

Misdemeanor Attorney Lawrenceville

Question: I have a  misdemeanor 5 years ago, how i sponge it? it happen when i was living in FL, now im in GA do i need to get a lawyer in FL.

Answer: If you have a misdemeanor conviction, it will probably not be expunged. Why? If every conviction were expunged, no one would have a criminal record. However, FL may have some special exception, so you should consult AND pay a FL attorney.

Answered By Lawrence Lewis - Misdemeanor Offenses Attorneys

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.     

Sunday, December 15, 2013

Burglary Defense Attorney Lawrenceville

Q: My little cousins was arrested the other day. One of them was charged with burglary and obstruction and the other was just charged with obstruction. The story is that they tried to break into a house and the neighbor called the police and when they arrived (they never entered the house)they ran while running they supposely threw a knife they were carring and one of my cousins was caught and took back to the house and 3 witness said they saw him and he was charged with Burglary. My other cousin got away but later the police came to his house and got him but due to the fact he got away the witness didnt have the chance to point him out so he was just charged with obstruction. The police questioned them about the Burglary and another burglary that happened the previous day in the same neighborhood so they are taking prints on the knife which im sure both of there prints will come up on and they said they had nothing to do with the crime or the burglary the day before and was just at the wrong place at the wrong time. They are both out on Bond right now, they are 17 and its there first offense. what is the most likely honest outcome of this situation? And how long before a court date and what will happen with the knife thing?(i heard its bad to have a weapon during a Burglary)is there still a chance my cousin who got away can still be bought up the burglary? we are in Georgia

A: How do you think the cousin that got away was identified? The cousin that was caught told on him. When they get indicted by the grand jury, they will both be indicted for burglary and possession of tools for the commission of a crime. What will happen to them is a function of what they are doing while they are on bond. Shcool and community service equals probation. Hanging out, smoking marijuana and not school equals jail time. Good luck.

Answered by Lawrence Lewis Burglary Defense Attorney in Metro Atlanta Area - Lawrenceville 

Armed Robbery Attorney Lawrenceville GA

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;

Wednesday, December 11, 2013

Rape Defense Attorney in Lawrenceville

Question: My son and two other boys are being called into questioning for rape of a 17 year old girl. The boys are all 18. Should I allow him to go in and say he has an attorney or just tell the detective on the phone that he will not be coming in? I just found out today and will be looking for an attorney asap. This is in Georgia. The other two boys say it was consensual and that my son was not involved, but he was at the house. The girl has changed her story 3 times with the final story not involving my son. However, he is still being called in to questioning. Not sure what to do.

Answer: Just tell the detective that he will NOT be making a statement. See website for info on retaining the right attorney: click here
 
Good luck
Answered by Lawrence Lewis - Rape Defense 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.

2. By requesting a continuance we are able to then complete a thorough investigation and prepare for the hearing.

3. We then confer with eye witnesses, and subpoena the witnesses so that they can provide testimony in court about the allegations made in the petition.

4. We negotiate with the petitioner (through the petitioner`s attorney) to resolve the case with the goal of the injunction being dismissed.  The protective order is a drastic remedy that should be reserved for only the most serious cases.  Often far less drastic remedies are available to address any concerns of the petitioner.

Saturday, December 7, 2013

Burglary Defense Lawyer in Lawrenceville GA

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

Sex Crime Attorney in Atlanta

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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Tuesday, December 3, 2013

Theft Defense Attorney Lawrenceville

Question: Is there a limitation on the amount of time Oconee County jail can hold someone on a failure to appear on a misdemeanor theft by shoplifting charge without giving her a court date?

Answer: No, once a person fails to appear, and the bond is revoked then the next court date is the next court date. There is no law dictating how long before the next court date.

Atlanta Traffic Ticket Attorney

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);   

(2)    Racing on highway or streets (racing means the use of one or more vehicles in an attempt to outgain, outdistance or prevent another vehicle from passing, to arrive at a given destination ahead of another vehicle or vehicle, to test the physical stamina or endurance of drivers over long-distance driving routes);   

(3)    Fleeing and attempting to elude an officer (means it is unlawful for any driver of a vehicle to willfully fail or refuse to bring his vehicle to a stop or otherwise to flee or attempt to elude a pursuing police vehicle or police officer when given a visual or an audible signal to bring the vehicle to a stop);  

(4)    Reckless driving (4 points) is defined as driving a vehicle in a reckless disregard for the safety of persons or property (note: reckless driving can be established by proving that a defendant was driving at an excessive rate of speed given the legal rate of speed);   

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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.