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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