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 However, upon completion of a background check, the job was rescinded due to the prior conviction showing up.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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