Sexual Defense Attorney in Lawrenceville

Question: What is the time statute limitation in Georgia if an adult send sexual material to a minor through the internet?

Answer: Either 4 or 7 years.

Answered by Lawrence Lewis - Sexual Defense Attorney in Lawrenceville

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.

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Criminal Lawyer in Metro Atlanta

Question: OCGA 17-4-26 and 17-4-62 and UMCR 25 provide for commitment hearings within prescribed times where arresting officers must show probable cause for the deprivations of liberty until an accusation or indictment is return. In DeKalb County, the officials usurp this ministerial duty simply because a bond is automatically set. What statute or rules authorizes this discretion?

Answer: Anytime people start talking about due process, I know they are clueless. It is most frequently used by inmates representing themselves and erudite law school wannabes. Due process is a term of art which refers to the manner in which the law is applied. It is not actually law. Similarly, with a jury of your peers. Your peers. Are my peers 60 year old while women? No, I am a black man with four degrees. So, my peers are 40 something black men with 4 or more degrees who have married a black woman and have children. SO, other than President Obama, I have very few peers. Two degrees is not four. And a law degree from Georgia State ain''t the same thing as one from Cornell Law School. The same way a Honda is not a Porsche. So, jury of your peers is a term of art referring to citizens over the age of 18, who live in the county where you are charged, and that have no felony convictions. It does not mean your actual peers. What another example? You are entitled to a speedy trial. The constitution does not denote any specific time as a time limit. So, under federal law, a three year wait in jail for a trial may constitute a speedy trial. Therefore, each state has by statute constructed a statute, which does designate a specific drop dead date. However, in many counties, IF an attorney files a speedy trial at the earlier possible moment, the client may still sit in jail for 10-11 months before he has an actual trial. Is an 11 month wait in jail for a trial, a speedy trial demand? I would say no. However, as long as the attorney files the speedy trial demand after indictment and the prosecutor has the jury trial in month number 9, then the speedy trial demand has been met, and due process has been fulfilled. I assume that the 10 months in custody on a speedy trial demand offends you, because you are fretting (in your words about deprivation of liberty) about days spent after an arrest.

Answered by Lawrence Lewis - Criminal Lawyer in Metro 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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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

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.

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.

(3) Cash bond is a secured bond, where defendant or family/friend posts the face amount of the bond and any surcharges 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 cash bond is a good bond, because at the end of the case, all of the money is returned to the person that posted the bond.

(4) Surety bond is a secured bond, where defendant or family/friend can post property, cash or have the bondsman go on the bond 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.

Deposit Account Fraud Forgery attorney

Question: Had accident a few days ago and i later realized I gave the officer my twin brother`s driver`s license twice. The ticket and accident was logged in understand my brother`s name. Can I be charged with giving false information to the police.

Answer: You will be charged with identity fraud. See website for info on the crime:

Deposit Account Fraud Forgery attorney 

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.    

I have been charged with reckless conduct after my four yr old granddaughter...

Question: I have been charged with reckless conduct after my four yr old granddaughter wondered off. I thought she was at the neighbors playing so I did not check on her. while there she wondered off and into a highway. It was not unusual for her to be at the neighbors for 2 or 3 hrs playing inside. Child services took my children that Friday and they were returned that Monday. I did not know I was being charged with anything until i was at the jail house and I asked the officer if I was being arrested and what for. He was Hispanic and got upset because I could not give him the neighbors name, just that they were Mexican. I knew the neighbors name but could not recall it at the time.My mind was reeling from the fact that my child was in the street. I would like to know my rights. I have asked for a bench trial and they say I make to much for a court appointed attorney. I live from check to check with no extra what so ever.

Answer:  So, IF I understand you correctly, you will be representing yourself pro se at a bench trial. I suspect that will not go well. See website for tips on how to represent yourself: click here

Speedy trial demands

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

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

Simple Battery Attorney Lawrenceville

Question: Hello, I was arrested for Simple battery,bonded out, but an officer never came and got my side of the story before an arrest Warrant was issued, I was wondering if there was any Easy way to get this resolved, and what type of Legal advice would you give me before I make a statement.

Answer: Make a statement to whom? The police have already made their arrest. They are not interested in your point of view. The prosecutor is only interested in how they can jail you. IS that who you are trying to make a statement to? I suggest that you retain an attorney.

Answered by Lawrence Lewis - Simple Battery Attorney Lawrenceville

Felony Probation Attorney in Lawrenceville

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

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

Answered by Lawrence Lewis - Felony Probation Attorney in Lawrenceville

How do I select a good criminal defense attorney?

February 2013 will mark the start of my fourteenth year as a criminal defense attorney.  I spent the first four and a half years, after graduating from Cornell Law School, working as a state prosecutor, both in Philadelphia, Pennsylvania and Atlanta, Georgia. The last eleven years, I have defended individuals accused of all types of crimes.  During those fifteen years, I worked an average of seventy hours a week, and saw my fair share of justice and lunacy. 

If you have been arrested and/or charged with a criminal offense, you are about to enter the arcane world of criminal law. My first piece of advice in selecting a good criminal defense attorney is similar to the advice offered in selecting a good attorney: Have a trusted family attorney, or family friend that practices law, refer you to a criminal defense attorney. If you do not have such a resource, then you need to take heed of the following advice.

When searching for an attorney you should be focused on two things: energy and experience.  You need to find an attorney that possesses both.  You want to avoid attorneys that have graduated from law school in the last three years, because while they may have a lot of energy, their lack of experience means they will be learning to practice law with your case.  You want to avoid attorneys that have graduated more than fifty years ago, because while they may have a ton of experience, they are often unable to return phone calls or stay awake in court. 

Criminal defense is a cash business. All good criminal defense attorneys get paid up front. Why?  The answer is simple.  First, if the client is in jail, and cannot make bond, a payment plan will rarely work.  Second, on the more serious cases, if the client pleads guilty to jail time, or losses after trial, he will be incarcerated, and will either be unable, or unwilling, to pay his attorney. Because it is a cash business, criminal defense is fraught with what I refer to as the pretenders, the prevaricators and the pusillanimous.

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Identity Fraud Attorney Lawrenceville

Question: What happens if someone else uses your property for bond without your knowledge?

Answer: Someone must use your name, which is a crime. Click here to read identity fraud crime. 

Answered by Lawrence Lewis - Identity Fraud Attorney Lawrenceville

Top Five Reasons Not to Hire a DUI Attorney to Address Your Non-DUI Felony

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. 

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