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

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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Drug Defense Attorney in Lawrenceville

Question: In the State of GA, there is a" 1st Offender Act" for a 1st time felony charge and a 1st time felony drug charge (O.C.G.A. 16-13-2 a,c). Is a Superior Court Judge permitted to use his discretion as to which drugs apply and don`t apply for a defendant asking for 1st offender treatment on a 1st time felony drug charge??

(A Superior Court Judge is said to have denied the 1st offender treatment O.C.G.A. 16-13-2 a,c- to any defendant that is charged with a 1st time felony drug charge for all other drugs EXCEPT marijuana in Henry Cty, GA) The other Henry Cty Superior Court Judges do not do this in their Court rooms with these types of cases- wouldn`t this be considered "discrimination" of some sort? This is WRONG. If anyone who is willing to take the challenge in finding an answer for this, could you please also cite the O.C.G.A. annotation(s) for this?? PLEASE? Thank You-

Answer: There is no challenge in the question. The judge has absolute discretion in granting or denying first offender, except the judge CANNOT establish a policy of never granted a particular class of offenses ineligible. So, there may be some appeal, IF you can meet the challenge of getting the money to retain an attorney. 

Answered by Lawrence Lewis - Drug Defense Attorney in Lawrenceville

Criminal Defense Attorney in Gwinnett County

Question: How long does it take for your conviction to come off your record after succesfully completing your probation from the first offender act?

Answer: A conviction is not coming off of your record. If you successfully complete 1st offender, you will not have a conviction, but the 1st offender discharge is not coming off of your record either. 

Answered By Lawrence Lewis - Criminal Defense Attorney in Gwinnett County

Family Violence Attorney

Family violence, also known as Domestic violence, refers to physical harm inflicted on one member of a household or family, by another member of the same household or family (usually between spouses). Domestic violence, sometimes called spousal abuse when it involves a husband and wife, usually involves repetitive physical and psychological abuse, and a "cycle of violence".  Specific crimes charged vary based on: (1) the severity of the victim`s injuries; (2) whether a minor was present; and (3) whether a protective or restraining order was in place at the time of the violence.

First, the severity of the victim’s injury will determine whether the police and/or prosecutor will charge the accused with simple battery, aggravated assault and/or aggravated battery.  Second, if a minor was present to witness the domestic violence, there will certainly be a charge of Cruelty to Children put upon the accused, for allowing the child to witness the violence.  Third, if there is a protective order in place when the domestic violence occurs, the accused will probably be charged with Aggravated Stalking, which requires a Superior Court judge to set bond.

When an officer is called to a scene due to an alleged family violence incident, 99% of the time, someone is taken to jail.  The person who contacts the police is called the Complaining Witness in a case.  The complaining witness, who might not be the victim, is usually the prosecutor’s main and only witness.  At the time of the arrest, the responding officer may take both a written statement from the victim and photographs of all of the victim’s injuries, which can be used as evidence in the case.  In addition, the 9-1-1 tape can be used as evidence by the prosecutor to establish the emotional state of the complainant.

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Family Violence Attorney in Lawrenceville

Question: What would happen to your child if she was with a grandparent and they got busted with drugs? She is only three.

Answer: She would probably be placed in DFACS (Dept. Family and Children Services). 

Answered By Lawrence Lewis - Family Violence Attorney in Lawrenceville

Violation of Probation Attorney

If you are currently on misdemeanor or felony probation, and you believe that your probation officer is going to accuse you of violating your probation, you need to contact an experienced violation of probation attorney to assist you.  Lawrence Lewis is ready to defend you in the violation of probation case filed in the greater metropolitan Atlanta area.  Contact us today to schedule an appointment, and learn all of the things you may need to do right now to protect yourself against the allegation.

Avoid the Typical Result in a Georgia VOP Case

Typically, after the Georgia probation officer makes an allegation of violation of probation, the judge will sign a warrant for your arrest. The arrest warrant for a violation of probation (VOP) usually has a "no bond" provision, meaning that unless you retain an attorney to resolve your case quickly or obtain a bond, you may be sitting in jail for weeks or months until your probation violation case is heard in court and/or resolved.

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Criminal Defense Attorney in Lawrenceville

Question:  I did a Pre-Trial Intervention Program in 2001 and then I had my record expunged in FL, which I have documentation of. I was informed by my lawyer in FL that basically means the state dropped the case after completion of the program, which I did. In GA which would be eqivalent to FL Pre-trial Intervention Program? The 1st Offender Treatment without Adjudication of guilt or the Pretrial Deversion? Would I have to answer yes to any of them because my record is expunged?

Answer: The GA equivalent is the pre-trial diversion (PTD) program, where your record is expunged. First offender, does not expunged your criminal record. If the questionis asked have you ever been arrested, you might want to say yes, especially if you have taken 1st offender, nolo or Alford plea. 

Answered By Lawrence Lewis - Criminal Defense Attorney in Lawrenceville

Violent Crime Attorney in Lawrenceville

A violent crime is a criminal offense that is committed with the use of violence, or with threats of violence.  When a person commits a violent crime, the violence is usually just a means to an end.  In recent years, violent crimes have escalated in the state of Georgia, especially amongst the adolescent, male demographic.  In hopes of decreasing instances of violent crimes, law enforcement and legislation has become very strict when dealing with violent crime offenders.  People who are convicted of committing a violent crime should expect to spend substantial time in prison, in addition to paying fines, paying restitution and performing community service.  For these reasons, it is very important to consult a violent crimes lawyer when facing criminal charges involving violence.   

The violent crimes defense attorneys and lawyers at Lawrence Lewis, P.C. are dedicated to defending clients who have been arrested for or charged with any type of violent crime in or around the metro-Atlanta area.  According to the law, numerous illegal acts are categorized as violent crimes in the state of Georgia: 

• Armed Robbery (see Armed Robbery page)

• Arson

• Aggravated Assault

• Aggravated Child Molestation (see Sexual Offenses page)   

• Kidnapping 

• Rape (see Sexual Offenses page) 

• Voluntary Manslaughter (see Murder – Homicide page) 

• Murder (see Murder – Homicide page)  

Because many of the aforementioned violent crimes are so important that they are addressed individually on other pages on the website, we will limit this discussion to two violent crimes: Aggravated Assault and Kidnapping. 

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Theft Defense Attorney in Lawrenceville

Question: My Brother is being charged with theft by taking, from a company($5,000 +) that he resigned from. He informed the company that he was guilty and wishes to pay them back immediately. How should he go about doing so, and how can he guarantee that the charges will be dropped, if at all?

Answer: He cannot guarantee that the charges are dropped. I would advise him to retain an attorney, but if he wants to repay the money first, then he repays the money. Recognize: His repayment of the money is an admission. Good luck.

Answered By Lawrence Lewis - Theft Defense Attorney in Lawrenceville

Best Drug Attorney in Lawrenceville

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. Click here to hire the best drug attorney in Lawrenceville

Drug Case Attorneys Gwinnett County

Question: I have a second possession of meth charge court date coming up, and i served 9 months in jail before i made bond. will i get credit for time served, and could i get time served for the 9 months if the offer is a 5year do 2 year recomendation, and not have to serve any more time?

Answer: You will get credit for the time that you have served. The judge is free to give you a sentence of 5 to do 2 years with credit for the 9 months, commuted to time-served. You may not have to do anymore time. Are those the real questions? Because you know the judge can give you two years of probation. Conversely, under the law for the 2nd meth possession charge the judge must sentence you to not less than 5 years, and can sentence you up to 30 years. I assume you don't want to talk or think about the 30 years. I advice you to get an attorney rather than hope for the best, but I will be here IF it goes sideways to try and undo the horrible sentence.

Answered By Lawrence Lewis - Criminal Defense Attorneys Lawrenceville, Drug Case Attorneys Gwinnett County

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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Bond Defense Attorney in Lawrenceville

Question: If i signed a bond for someone to get out of jail and the missed court and the bounty hunters are looking for them and instead of them going to the bounty hunters they went and turned themselves in without the bounty hunters can they bounty hunters do anything to me or the defendant now that he is in jail

Answer: Now that the person is in jail, the bondsman will come off the bond, and you should have no further obligation.

Answered By Lawrence Lewis - Bond Defense Attorney in Lawrenceville

Murder Defense Attorney in Georgia

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.

 

   

Under Georgia law, malice means the intent to take a life without legal justification or mitigation.  Malice incorporates the intent to kill.  Express malice is that deliberate intention unlawfully to take the life of another human being, which is manifested by external circumstances capable of proof.  Implied malice is where no considerable provocation appears and where all the circumstances of the killing show an abandoned and malignant heart.  Because malice can be formed in an instant, as long as it is present at the time of the act of killing, no premeditation is required.  Coercion or duress are never defenses to malice murder. 

 

Under Georgia law, felony murder does not require malice or intent to kill, it does, however, require that the defendant possess the requisite criminal intent to commit the underlying felony.  In our experienced at Lawrence Lewis, P.C., most felony murders occur during a drug deal.  Either one party wants to cheat or rob the other party, or both parties are super-anxious and guns come out prematurely.  The felony in a felony murder case must be inherently dangerous to human life.  Drug dealing is inherently dangerous because drugs and guns go together.  Where a jury renders a verdict for voluntary manslaughter, that same jury cannot also find a felony murder based on the same underlying aggravated assault. Wells v. State, 294 Ga. App. 277 (2008). 

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Identity Theft Attorney in Lawrenceville

Question: Hi. I know a guy who went to high school with me who contacted me on Facebook saying that he could help me get 500-1000 dollars in a day if i had a paypal business account. I thought it sounded too good to be true so the first thing i asked was is it legal and he told me .yes so i said ok. He contacted me at a time where i was desperate and really needed the money so legal was all i needed to hear for me to be cool with it.Anyway i made the dumb mistake of giving him my email and password to login to my paypal account and my pin number for the business card that's linked to my paypal business acct. Anyway come to find out he was making sales to people from my acct without me knowing. He was selling things like cosmetology supplies and stuff and i had no idea he was doing this until i received an email from paypal saying that there were customer complaints about items i sold recently that i took no part on doing and i was tricked. Noe it looks like i conned people because he did it in my name. I would haver agreed to anything like that nor do i have the money to refund these people. How do i handle this situation since i was tricked so that i can keep myself clear of anything since i took no part in this matter

Answer: You are in it, because you allowed him to use your account. All you can now argue, hopefully thru an attorney, is: I did not intend to participate in anything illegal. 

Answered by Lawrence Lewis - Identity Theft 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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Criminal Defense Attorney in Duluth

Question: The property manger said she put out a disposition warrant out on the 18 of November I never received it because it had the wrong address and was placed on the wrong door. I went to her office on the 19 of November to pay my lot rent and late charges but she refuse to take it, because of the warrant Now it`s the 26 of November and I still have not gotten it yet.What should I do.

Answer: The property manager has a dispossessory, which means the court have given her permission to reclaim the property. The lease was broken when the rent was late. Let me repeat: The lease was broken when the rent was late. Therefore, the property manager can refuse to take your money in exchange for the property. I suspect the entire truth involves you being late on the rent in the past, because property managers do not put out good tenants in a tight economy. Let`s be for real.

Answered by Lawrence Lewis - Criminal Defense Attorney in Duluth

Trial

TRIAL

             There are two types of trials: bench trials and jury trials.  The reasons for agreeing to a bench trial, where a judge sits as the jury, are so few that I won’t waste any time discussing them, but instead turn my attention jury trials.

JURY TRIALS

The defendant’s role is very significant in the trial of his case. As a defendant it is important to remember that you will be the center of attention. Everyone in the courtroom will be watching your movements, facial expressions, gestures and conduct.  Your role during the trial is to make the jury like you; to give them a reason to rule in your favor.  Many will agree that the trial of a case is not reality. It is a fantasy period in which the jury will perceive what the truth is; which may or may not be the same thing as the actual truth.  As such it is essential that you make the best impression possible upon the jury. You must leave them with feelings of honesty, trust worthiness, and goodness. You must be someone the jury wants to help. The following are areas you should consider in the presentation of yourself to the jury.

THE COURTROOM

While your attorney will explain the characteristics of your particular courtroom, some characteristics are common to most every courtroom. As you walk in you will notice several very distinct divisions of the courtroom. First, the gallery will be a large area for public sealing. This is where observers and the jury panel will be seated. Second, the front part of the gallery will be divided from another section by a "bar". Across this dividing line will be an area where the attorneys will sit and work. It`s generally accepted that clients are not permitted in this area unless they are accompanied by their attorney. Third, is the Judge`s Bench. The Judge`s Bench is usually elevated and is the focal point of the Courtroom. The court`s staff will generally sit to the Judge`s sides. Lastly, there is the jury box. The jury box is where the members of the jury sit. The "box" is generally located to a side of the courtroom and between the judge and counsel tables. The jury box is also generally next to the jury deliberation room and doorway. This doorway gives the jury easy access in and out of the courtroom without much contact with litigants.

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Drug Offenses Attorney Lawrenceville

Question: My friend was charged with possession of marijuana with intent to distribute in March of this year and this was his first offense. He was found guilty and sentenced to 2 years. I have spoken with a lot of people and everyone seems to think he will only serve 6-8 months but the times I have spoken with the parole board, they say to expect for him to serve the whole 2 years. Is there any way I could speed this process up? Or is there any way to know for sure when he will be able to come home? He has said that the county jail has been releasing people early with similar charges, could that be the case for him as well? Please help!

Answer: Speed up what process? Making time go slower or faster? No one knows that trick. There is no way to predict the future and tell you exactly when he is getting out. More importantly, how are you going to be able to predict that once he gets out he will stay out.

Answered By Lawrence Lewis - Drug Offenses Attorney Lawrenceville, Drug Defense Lawyer Atlanta

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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Misdemeanor Defense Attorney in Lawrenceville

Question: Can i file an appeal for a withdrawal of guilty plea of dv misdemeanor while on probation?

Answer: You entered a plea, you were placed on probation and you began your probation. You then didn`t like probation or thought you really were not guilty and asked the judge to allow you to withdraw your guilty plea. The judge denied the withdrawal of the guilty plea and you want to appeal that. IF those are the facts, then you have 30 days from the signing of the denial of the motion to withdraw the guilty plea to file an appeal. I suspect that you have nto employed an attorney, and you will need to in order to challenge the case properly.

Answered by Lawrence Lewis - Misdemeanor Defense Attorney in Lawrenceville

Bond Hearing

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.

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Best Attorney in Lawrenceville

Question: I was convicted under the first offenders act in 1994. From there I went to college and graduated. In 2003, I had my record expunged, in order to continue on with my career. Since then, I have had numerous background checks with no issues. Last month, I interview for a more lucrative position and was offered the job. I accepted. However, upon completion of a background check, the job was rescinded due to the prior conviction showing up. My question is how can I correct this error that should have remained sealed? And do I have a case of Libel/Defamation as I was due to potentially make more money but now cannot due to possible clerical errors made within the county in which I was convicted?

Question: First, first offender act means you are NOT convicted. Second, unfortunately for you, it also means that it is not expunged. So, the fact that it was missed before, does not give you a cause of action to sue now.

Answered by Lawrence Lewis - Best Attorney in Lawrenceville

First Appearance

The first appearance hearing normally occurs within forty-eight hours of an arrest.  It is the first court date after a person has been arrested for either a misdemeanor or felony offense.  The brief hearing normally takes place at the jail, where the person detained will be: (1) told his charges; (2) told his bond amount (if any); and (3) asked about representation.    

Criminal Defense Attorney

Question: My daughter is being charged with a party to a crime I believe it may be related to a burglary what I would like to know what are her options if any as far as her sentencing goes, and what is the maximum sentence?

Answer: A person charged as a party to a crime faces the same potential sentence as the person accused of commiting the actual crime. Therefore, I would need to know what crime she is a party to. If it is burglary, she faces 1-20 years in prison. If her criminal record is not horrific, then she will probably be on the lower end of the sentencing range. Her options are simple: (1) retain an experienced attorney; (2) go with the public defender; or (3) represent herself. Representing herself is crazy. And depending on to whom she is assigned, having the PD represent her may also be crazy.

Answered By Lawrence Lewis - Criminal Defense Attorney

Dui Attorney in Lawrenceville

Potential clients seeking information about the criminal justice process often ask if I specialize in the exact offense with which they are charged.  Of course, no criminal defense attorney specializes in juvenile burglary cases, domestic violence between same sex partners cases, or grandparent child molestation cases.  The reality is there is probably not enough business in any particular area of criminal law to justify additional specialization beyond criminal defense.  I suspect this is true throughout the United States, with one exception: Driving Under the Influence (DUI). 

Driving under the influence (aka driving while intoxicated) is the one area where a number of attorney, especially young attorneys (i.e. graduated from law school in the last four years) choose to specialize.  I suspect there are a number of reasons for that: (1) there are a number of CLE (continuing legal education) classes that focus specifically on training attorneys to defend DUI classes; (2) attorneys that teach other attorneys how to defense DUI cases can justify fees charged for tuition by explaining the voluminous number of DUI arrests every month (DUI arrest numbers are monitored religiously, and that area of criminal defense is actively promoted); (3) DUIs represent the greatest number of police arrests every month, because in our culture “everything is better with alcohol;” (4) DUI clients come from every socio-economic group, and as such many can pay hefty fees for their DUI defense (unlike many criminal clients, DUI client have money to spend on their defense); and (5) unlike other clients, DUI clients are not folks who have had a great deal of contact with the justice system, so they are more anxious and frightened than the average criminal – a fact that the DUI attorney exploits to his advantage.  Irrespective of the reasons why, it is important to note there are more attorneys specializing in DUIs than in any other area of criminal defense.  Unfortunately, many of these DUI attorneys promote themselves as criminal defense attorneys, claiming that they can handle any type of misdemeanor, juvenile or felony case. 

DUI Attorney in Lawrenceville

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

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. 

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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

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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Traffic Citation Attorney in Lawrenceville

Question: My son was on probation in Cherokee county ga. He didn''t do his community service as ordered and was arrested when he reported to his probation officer. He had paid all his fines and has been turned away from community service twice for various reasons( weather/already full). He has a hearing Monday morning. Will he get any credit towards the community service for the 4 days he will spend in jail. What can we expect at the hearing Monday. This all stems from a super speeder ticket. He paid his fines and took the defensive driving class. Just hasn''t done the community service

Answer: You can expect that the judge will violate his probation, and either give him 5-10 days in jail or additional community service.

Answered by Lawrence Lewis - Traffic Citation Attorney in Lawrenceville

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. 

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License Suspension Attorney in Lawrenceville

Question: I feel as though i was mistreated. today while i was on my lunch break i took one of the vendors who does a-lot of work for me at my place of employement. we went two blocks from the job, on our way back we saw traffic was at a stand still, as we turned into a parking lot on the left enclosed by an iron gate to get out of traffic i noticed it was a police check point. i told the driver and he stoped in a parking spot to look for his License. he told me he didnt have his license on him. he asked me if i had a license i said yes and agreed to drive us back to work. as soon as i got my seat belt buckeled apolice officer pulled up and apporoached us. he asked what did we just do and i told him "my friend doesnt have his liscence on him but i have mines. he took us both out of the car put us in handcuffs that i still have marks from 7 hours after the incident. i explained to him i didnt know i did anything wrong, and that i wasnt trying to run. since i was honest from the begining i didnt understand the hostility. he ran the car tag and my information and my friends, as he threatened to take us to jail i explained that we work across the street and that we have APD officers that work with us that could vouch and verify who he where and that the he was blowing the situation out of control. after communicating with a sgt that was at my job he agreed to not take us to jail. he gave me citation for evading the police, obstruction,and allowing someone to drive with no license. in my mind after he verified the information and listening to our reasons and explanation was i mistreated, and should i get an attorney or will a public defender or judge understand, and be able to resolve this.

Answer: Understand what? You went out to lunch with a person that does not have his driver''s license. When he informed you he did not have his license, you agreed to drive his vehicle back to work. The police stopped you and asked you what was going on, and you politely explained that the passenger did not have a license and that you agreed to drive his car back to the office. Neither the police nor I am stupid. With that story, the police would have arrested your friend for driving on a suspended license, or driving on no license, and that would have been the end of it. However, I suspect that you started running your mouth, about why the police were stopping you, and how you had to get back to work as if the police were inconveniencing you. And the police gave you a lesson in inconvenience. The public defender has real cases to deal with, and the judge will probably not be all that sympathetic, so you need to retain an attorney. 

Answered By Lawrence Lewis - License Suspension 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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Felony Attorney in Lawrenceville

Question: How long can someone sit in jail with felony charges, without being indicted?

Answer:  With a bond, two plus years. Without a bond, 120 days.

Answered by Lawrence Lewis - Felony Attorney in Lawrenceville

Family Violence Attorney in Lawrenceville

Family violence, also known as Domestic violence, refers to physical harm inflicted on one member of a household or family, by another member of the same household or family (usually between spouses). Domestic violence, sometimes called spousal abuse when it involves a husband and wife, usually involves repetitive physical and psychological abuse, and a "cycle of violence".  Specific crimes charged vary based on: (1) the severity of the victim`s injuries; (2) whether a minor was present; and (3) whether a protective or restraining order was in place at the time of the violence.

First, the severity of the victim’s injury will determine whether the police and/or prosecutor will charge the accused with simple battery, aggravated assault and/or aggravated battery.  Second, if a minor was present to witness the domestic violence, there will certainly be a charge of Cruelty to Children put upon the accused, for allowing the child to witness the violence.  Third, if there is a protective order in place when the domestic violence occurs, the accused will probably be charged with Aggravated Stalking, which requires a Superior Court judge to set bond.

When an officer is called to a scene due to an alleged family violence incident, 99% of the time, someone is taken to jail.  The person who contacts the police is called the Complaining Witness in a case.  The complaining witness, who might not be the victim, is usually the prosecutor’s main and only witness.  At the time of the arrest, the responding officer may take both a written statement from the victim and photographs of all of the victim’s injuries, which can be used as evidence in the case.  In addition, the 9-1-1 tape can be used as evidence by the prosecutor to establish the emotional state of the complainant.

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Im 17, a female said me and my friend stole her phone and beat her up because

Question: Im 17, a female said me and my friend stole her phone and beat her up because we had a verbal argument, She has no witnesses yet the police took us to jail where we spent multiple days, While there no detective or anybody talked to us, I was charged with robbery and simple battery. I have received the police report and there are two, they say entirely different stories and are mixed up, she has no witnesses, and she called the police from the supposed phone that we stole. I don`t know the proper steps, but i thought that if two males beat on a female there would be a medical report. No ambulance was called. Now we are awaiting trial and i don`t realize why this is not being thrown out. I have never been in trouble and im just confused. The only bad thing we did was say we were not there and she ripped my shirt trying to hit me and pull on me, Other than that i dont know and im scared...I had no idea they consider you an adult at 17 in Georgia, i have never been in trouble

Answer: What you don`t know could fill a football stadium. You were arrested because the "victim" appeared credible. You were taken to adult jail, because you are an adult at 17 in the criminal justice system. When you are in jail, the detective does not have to get your version of events. You are charged with an offense. You can retain an attorney, or ask for the judge to appoint an attorney, but your case will get resolved in the courthouse, not the detective`s office.

Probation Violation Attorney

If you are currently on misdemeanor or felony probation, and you believe that your probation officer is going to accuse you of violating your probation, you need to contact an experienced violation of probation attorney to assist you.  Lawrence Lewis is ready to defend you in thttp://www.lawrencelewispc.com/criminalattorney.php?go=pinfo&PID=42he violation of probation case filed in the greater metropolitan Atlanta area.  Contact us today to schedule an appointment, and learn all of the things you may need to do right now to protect yourself against the allegation.

Avoid the Typical Result in a Georgia VOP Case

Typically, after the Georgia probation officer makes an allegation of violation of probation, the judge will sign a warrant for your arrest. The arrest warrant for a violation of probation (VOP) usually has a "no bond" provision, meaning that unless you retain an attorney to resolve your case quickly or obtain a bond, you may be sitting in jail for weeks or months until your probation violation case is heard in court and/or resolved.

As a result, it is common for people who believe they will be arrested for violation of probation to stop reporting to their probation officer. However, failing to report to your probation only makes the matter worse, insofar as the probation officer has the right to add additional violations (e.g. failing to report to probation, failing to keep probation officer informed of your current address, failing to pay fines/fees, etc.).  If the judge knows that you failed to report, the judge may be less inclined to give you another chance at successfully completing your probation when you are eventually picked up on the VOP warrant and brought before the judge.

If you believe that your probation officer may allege that you violated probation, you should contact an experienced attorney for advice.  Lawrence Lewis has successfully represented people on violation of probation cases in Gwinnett County, and the surrounding counties, including Fulton County, Dekalb County, Cobb County, Rockdale County and Hall County.

What can be done AFTER a Probation Violation Warrant has been Signed?

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