Gwinnett Country Criminal Defense Attorneys

Someone was arrested under my name and skiped bail...

2012-02-28T06:49:00.003-08:00

Question: Someone was arrested under my name and skiped bail and now i have a warrant under my name and i can prove it wasnt me and i went to sherriff dept. but they say they wont take off the warrant unless the person turns themselves in,but now i caint get jobs because of it and its ruining my life can i sue the county?

Answer: Let me get this right, you yourself went to the sheriff's dept. and inquried about an open warrant. The sheriff verified that there is an open warrant for your arrest, and let you wak out of the jail without arresting you. Naw, that didn't happen. Try again. They told you they will not take off the warrant, and let you walk out of the jail. Naw, that didn't happen. In regards to your job search, you will probably end up losing the job you get once you are stopped for a traffic violation and the warrant pops up, because you are going to be arrested. Can you sue the county? Sure you can. You need to find an attorney, pay him and then file a lawsuit. Of course if I had money for an attorney, I would pay him to resolve the warrant, and the fact that someone is using my identity. However, you should proceed in the manner you think is best.

Answered By Lawrence Lewis - Criminal Defense Lawyer Lawrenceville, Traffic Violation Attorneys

Can I trust my public defender?

2012-02-28T06:49:00.000-08:00

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:

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Lawrence Lewis - Criminal Defense Attorney, DUI Attorneys in Lawrenceville

Criminal Defense Attorneys Bufford

2012-02-26T07:07:00.002-08:00

Question: Is it legal for the police to come in and take your hand gun and charge you and leave some weapons and after you get put on probation years later come back and lock you up for the same weapons they left the first time isn't that entrapment?

Answer: I don't know if it is legal, but I know that it is not entrapment. Entrapment is where the police convince you to do something that you would never dream of doing on your own.

Answered By Lawrence Lewis - Criminal Defense Attorneys Bufford

Why should I attend anger management classes?

2012-02-26T07:07:00.000-08:00

Q: Why should I attend anger management classes?

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

IT IS NOT ABOUT THE ANGER

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

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By Lawrence Lewis - Felony Defense Attorney - Deposit Account Fraud Lawyer

Criminal Defense Attorneys Atlanta

2012-02-24T06:51:00.001-08:00

Question: If I damaged property accidentally and never got charged can they come back and charge me later?

Answer: You have a statute of limitations question. If the property that you damaged was less than $ 500, the state has up to one year to charge you. If the property that you damaged was more than $ 500 then the state has 4 years to bring an accusation or indictment.

Answered By Lawrence Lewis - Criminal Defense Attorneys, Criminal Defense Attorneys Atlanta

How do I find a mentor?

2012-02-24T06:50:00.002-08:00

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:

Transformational Growth
Health
Finance and Money
Marriage
Child Rearing

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Criminal Defense Attorney in Lawrenceville

Deposit Account Fraud Attorneys

2012-02-22T07:34:00.002-08:00

Question: GA Question - If a check is tendered for the purchase of an item (located in, purchased from & removed from GA), the check is disallowed & the check maker removes the item to TN, can a warrant be sworn out for theft by deception? What code section would apply?

Answer: The offense might be forgery (depending on how the check is disallowed), deposit account fraud, theft by deception or theft by taking.

Answered By Lawrence Lewis - Deposit Account Fraud Attorneys, Theft Defense Attorneys Lawrenceville

Armed robbery defense attorney

2012-02-22T07:34:00.000-08:00

In Georgia, robbery is defined as the taking of the property of another from the immediate presence of another, and is distinguished from other types of theft. When Mr. X enters Ms. Y’s residence without her permission and removes her property without Ms. Y’s knowledge that is a burglary (O.C.G.A. § 16-7-1), not a robbery. When Mr. X enters Ms. Y’s automobile without her permission and removes her property that is an entering auto (O.C.G.A. § 16-8-18), not a robbery. When Mr. X, armed with a firearm or weapon, takes Ms. Y’s vehicle by force, or intimidation that is a hijacking of motor vehicle (O.C.G.A. § 16-5-44.1), and may also be an armed robbery. Both armed robbery and hijacking a motor vehicle carry a mandatory minimum punishment of ten years in prison, but while hijacking carries a maximum punishment of twenty years in prison, armed robbery carries a maximum punishment of life in prison, which means thirty years in prison, before the defendant is eligible for parole.

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Lawrence Lewis is an armed robbery defense attorney primarily practices in Gwinnett County

DUI Attorney Lawrenceville

2012-02-20T08:16:00.001-08:00

Question: What is most likely to happen to a military member who gets in trouble for riding a motorcycle without a license and gets in a accident

Answer: The same thing that would happen to a non-military member who gets into an accident without a license.

Answered By Lawrence Lewis - DUI Attorney Lawrenceville, Traffic Ticket Lawyers Lawrenceville

Family Violence Attorneys

2012-02-20T08:15:00.000-08:00

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.

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Keywords: Family Violence Defense Lawyers, Family Violence Attorneys, Lawrenceville Family Violence Attorneys

Criminal Defense Attorneys Canton, DUI Attorneys Lawrenceville

2012-02-18T08:40:00.001-08:00

Question: My boyfriend has been issued a subpoena to testify in a criminal case for which he was initially arrested but released on bail. No charges have been filed against him, but he's worried about incriminating himself. Is there a possibility of being charged?

Answer: Your boyfriend has received a subpoena, because he is a possible witness against the armed robber. The armed robber will receive a subpoena when it is your boyfriends turn to go to court. The subpoenas are automatically generated by the computer. The computer was programmed that way, because the prosecutor is required to give the defense notice of any witness that will testify at trial, or risk not being able to call that witness. So, your boyfriend's name appears just in case the prosecutor reaches a deal with him, and forgets to put his name on the witness list. If your boyfriend is charged with robbery, then he should assert his fifth amendment privilege, which will negate all this talk about him being called for trial. Even more interesting is why have you not asked your boyfriend's attorney. Does he have an attorney, or is he playing the ostrich game. The ostrich game: I make bond, consult with no attorney, stick my head in the sand, and hope that I never have to deal with the charges. If the prosecutor is pursuing the armed robber, they will be coming for your boyfriend next, and may even cut a deal with the armed robber to get your boyfriend. SO, I suggest get your head out the sand and get an attorney.

Answered By Lawrence Lewis - Criminal Defense Attorneys Canton, DUI Attorneys Lawrenceville

Protective Order Hearings-Restraining Orders

2012-02-18T08:39:00.000-08:00

If you have been served with a temporary restraining order and wish to contest the allegations of domestic violence or stalking, then you have come to the right place. The attorneys at Lawrence Lewis P.C. represent respondents who wish to contest a petition for a domestic violence, repeat violence or dating violence injunction.

We represent men and women served with a temporary restraining order in Gwinnett County, GA, or the surrounding counties of DeKalb County, Fulton County, Hall County, Rockdale County, Cherokee County, Cobb County, Forsyth County or Douglas County.

At Lawrence Lewis, P.C., our attorneys thoroughly investigate the allegations made by the petitioner. Although these hearings take place on an emergency basis, you are entitled to have an attorney that is completely prepared for the hearing. We take the following actions in a restraining order case:

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Protective Order Hearings Lawyers, Restraining Orders Attorney

Criminal Defense Attorneys Cumming GA

2012-02-16T07:56:00.001-08:00

Question: Can the DA charge you with an offence in one county that happen in a different county?

Answer: Yes, if he thinks that he can prove that it occurred in his venue.

Answered by Lawrence Lewis - Criminal Defense Attorneys Cumming GA

Violation Of Probation

2012-02-16T07:55:00.000-08:00

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.

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.

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Whether the underlying offense was DUI, domestic battery, drug charges, shoplifting or theft charges, contact us today to schedule a consultation.

Criminal Defense Attorney

2012-02-14T07:11:00.004-08:00

Question: My husband has been incarcerated for 2.5 months now. He has not received a court date or any info regarding his case. How long can a detention center hold someone who has not been found guilty before giving a court date or a conviction?

Answer: Difficult to answer this question, because it is multiple questions in one. How long can he be held? Probably up to 3 years. How long can he be held without a court date? If he has an attorney that doesn't know what to do? Probably about 12 months. The question is not how long can eh be held, but what does he intend to do when he gets to court. If he has a murder case, the attorney will not be ready for another 4-5 months for trial. So, he will be held until the attorney is ready to deal with the case.

Answered by Lawrence Lewis - Criminal Defense Attorney

Sex Crime Attorney Lawrenceville

2012-02-14T07:11:00.002-08:00

People charged with sexual assault or child sex offenses face hostile prosecutors and harsh public opinion. Most people, even some criminal defense attorneys, are only too willing to believe the worst about those accused of sex offenses. Our firm knows that not all people accused of sex offenses are in fact guilty of the charges. We believe that those facing such grave charges deserve the best possible defense and representation.

At Lawrence Lewis, P.C. we recognize that a conviction for a sex crime will almost certainly result in prison time, lifetime registration as a sex offender, and a permanently destroyed reputation. In 2006, sex offender laws were overhauled in Georgia, and four (4) sexual offenses were modified to require a mandatory minimum life in prison, which means thirty years in prison before the convicted person is considered for parole. These include:

(1) Rape (O.C.G.A. § 16-6-1), which is defined as any penetration of the female sex organ by the male sex organ, forcibly and against the female’s will;

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If you have been charged with a sex offense and you would like to speak with a qualified criminal defense attorney, call an experienced sex offense defense lawyer or attorney at Lawrence Lewis, P.C. today at (678) 407-9300.

Theft Defense Attorneys Buford

2012-02-12T08:26:00.002-08:00

Question: What kind of sentence In the state of Georiga theft by taking and theft by deception have?

Answer: Felony theft and/or theft by deception carries a maximum of ten years. The most likely punishment is a function of the accused's criminal history, the value of what was taken,the age of the victim, the prosecutor, the judge and the skill and experience of the defense attorney.

Answered By Lawrence Lewis - Theft Defense Attorneys Buford

Violent crimes attorney

2012-02-12T08:26:00.000-08:00

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:

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If you have been charged with a violent crime in metro-Atlanta or the surrounding areas, and you would like to speak with a qualified criminal defense attorney, call a violent crimes attorney at Lawrence Lewis, P. C. today at (678) 407-9300.

Can you go to jail for calling someone a nigger?

2012-02-10T07:38:00.001-08:00

Question: Can you go to jail for calling someone a nigger?

Answer: Yes, you can be arrested for disorderly conduct by uttering fighting words.

Answered By Lawrence Lewis - Criminal Defense Attorney, DUI Attorneys Doraville

Atlanta Traffic Ticket Attorney

2012-02-10T07:37:00.001-08:00

O.C.G.A. § 40-5-20(a) states that no person shall drive any motor vehicle upon a highway in this state unless such person has a valid driver’s license. Any person who is a resident of Georgia for 30 days must obtain a Georgia’s driver’s license before operating a motor vehicle in this state. Every licensee shall have his license in his immediate possession at all times when operating a motor vehicle, and shall display the license upon the demand of an officer.

The driver with a valid driver’s license may be cited for a multitude of traffic offenses, ranging from speeding, and/or failure to maintain lane, to vehicular homicide. It is unrealistic to try and address all of the possible traffic offenses here. So, we will address the most frequent traffic offenses by age group.

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Keywords: Traffic Citation Lawyer, Traffic Ticket Attorney, Qualified Traffic Lawyer, Gwinnett County Traffic Ticket Attorney, Atlanta Traffic Ticket Attorney, Lawrenceville Traffic Citation Lawyer

Criminal Defense Attorneys Gwinnett County

2012-02-08T06:34:00.001-08:00

Question: How long does it take to receive a court date affter the case has been handed over to the prosecutor?

Answer: It depends on what stage it is at, and what the charges are. See court dates, which explains what each court date involves

Answered By Lawrence Lewis - Criminal Defense Attorneys Gwinnett County

Drug Offenses Lawyers

2012-02-08T06:33:00.000-08:00

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.

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Criminal Defense Attorneys Doraville, DUI Attorneys Lawrenceville

2012-02-06T07:36:00.001-08:00

Question: If a put person is arrested and given a bond, but has a hold on them from another county for charges they didn't go to court for 5 years ago, is it better for them to bond out of the county they are in now & go to the county that they have a warrant holding them in? Will it speed up the process of resolving the 5 year old case if they are bonded out of the county they are in now & sent there? will the county that has the hold on him issue a court date anyways for the 5 year old charges that he didn't go back to court for, while he is in another county for different charges?

Answer: It doesn't matter. If the case that is five years old is a felony the judge probably will not issue the person another bond, because the person has been absent for five years. If that case can be resolved with a plea, then it might make sense to bond out, and then plea out on the other case. Except the plea will either be jail, which the person does not want, or probation, which the person probably cannot do. Probation requires that you follow directions, and for the last five years the person has refused to man-up and handle his responsibilities.

Answered By Lawrence Lewis - Criminal Defense Attorneys Doraville, DUI Attorneys Lawrenceville

DUI Attorneys in Lawrenceville

2012-02-06T07:35:00.000-08:00

If you or a loved one has been arrested for Driving under the Influence (DUI), you need to retain an experienced DUI Lawyer. Lawrence Lewis, P.C. provides a full-service approach to your DUI defense from the ALS hearing to protect your driving privileges, to the motions hearings and trial. Hiring an experienced attorney early in your case is crucial to protecting your privilege to drive and increasing your chances of avoiding a DUI conviction.

In Georgia there are a number of ways to get arrested for DUI. By statute, any person in physical control of any moving vehicle, can be arrested for being under the influence of: (1) alcohol, whether the person’s alcohol concentration is .08 grams or the person is just less safe; (2) controlled substances, like cocaine and marijuana; (3) prescription medication; (4) glue, aerosol or other toxic vapor; or (5) any combination of two or more of these substances.

After any DUI or DWI (driving while intoxicated) arrest in Georgia, there are actually two different types of cases pending against the driver:

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Armed Robbery Defense Attorneys Atlanta

2012-02-04T09:16:00.002-08:00

Question: If in jail on arm robbery charges with no witnesses no evidence first time offender can you be convicted if u were coersed into a statement,in other words can u be convicted off of only a statement

Answer: No witnesses. The police do not have the person that was robbed at gun point. No, then you have nothing to worry about. The case will be dismissed. The robbery victim will appear in court. Then you are screwed, because they have an eye witness to the robbery, even if the robbery victim cannot ID you. Would you like to know how I know they have an eye witness to the crime, other than the victim? You told me. You testified against yourself when you admitted to the armed robbery. IF LA is anything like GA the entire confession is on DVD for the whole world to see.

Armed Robbery Defense Attorneys Atlanta

FrDeposit Account Fraud Forgery attorney,

2012-02-04T09:16:00.000-08:00

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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Deposit Account Fraud Forgery attorney,

Criminal Defense Attorneys Atlanta

2012-02-02T06:56:00.001-08:00

Question: Is it a violation of law for an attorney to advise their client not to return a motor vehicle that has been listed on the NCIC system while they are awaiting trial for theft by conversion?

Recently in a court of law an attorney spoke up when the judge asked their client why the vehicle had not been returned when the client had been indicted for the theft. The attorney replied that he thought the charges were unfair and he advised his client to keep the vehicle. Just before the trial the vehicle was located and seized.

Answer: The attorney advises the client based on the information received from the client and the attorney's level of experience. I cannot tell you if the attorney violated any law. You would probably need a consult for that.Click here to see how to select the right attorney

Answered By Lawrence Lewis - Criminal Defense Attorneys Atlanta

Burglary Defense Attorney

2012-02-02T06:55:00.001-08:00

In Georgia, burglary is defined as entering the dwelling of another without authority with the intent to commit a felony or theft. Intent to steal or commit a felony need not be formed at the precise moment of entry, but can be formed thereafter while the perpetrator is remaining on the premises. State v. Jones, 291 Ga. App. 296 (2008). Although burglary is often regarded as a type of theft crime, Georgia recognizes that any non-theft felony (e.g. aggravated assault, aggravated stalking) can give rise to a burglary charge. More importantly, it is not necessary to actually commit a theft or felony, in order to complete the crime of burglary.State v. Alexander, 279 Ga. App. 683 (2005). As long at the intent in entering the premises is to commit a felony or theft, the burglary statute (O.C.G.A. § 16-7-1(a)) permits the prosecutor to seek an indictment for the offense of burglary.

Unlike other states, forced entry is not an element in Georgia. State v. Gray, 291 Ga. App. 573 (2008). Unlawful entry occurs when a person breaks the plane of the structure. In other words, when a person passes over or through a window or door, without authority, and with the intent to commit a theft or felony, a burglary occurs.

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Burglary Defense Attorney

Thieves Defense Attorneys Lawrenceville

2012-01-31T07:30:00.002-08:00

Question: I recently purchased well pump material needed for a repair at a local store.along with me were two other guys and one of them just so happen to have an charge account set up with this store and he also conducts volume buisness at the location.when i purchased the materials needed for the repair i paid cash for the materials and on the first trip me not acknowledging at the time the cashier did not apply the well pump to the bill owed to be paid for the transaction.shortly after orignal purchase we made a second trip for final material needed to complete the job.i recently received a phone call from the guy thats more well known at this store and he explained that he received a phone call from this store stateing that they have been conducting an audit and some how a well pump was not accounted for.then he also claimed they posessed camera footage of or purchase when we purchased our materials and it showed our purchase of the well pump in the buggy at the counter.so therefore now they seeking a ammount for the well pump where the cashier supposively did not scan during our purchase.so my question is how is it my fault if the cashier failed to scan all the material that was clearly at the cash register during purchase.and can seek legal action for this incident and possibly criminal charges towards me for this item being over looked by there employee.or is it just in my best intrest to pay for slae of this item that was over looked

Answer: At first blush what you suggest would be bad business if that is all there was. I suspect that the employee is thought to be acting in concert with others to cheat the employer, in which case the business only cares that they catch all of the thieves. if you and your friend have no side deal with the clerk, I wouldn't pay anything, but I would have money set aside for the attorney and bail. If you pay for the pump the problem may be solved, or may be exacerbated.

Answered by Lawrence Lewis - Thieves Defense Attorneys Lawrenceville

Murder Defense Attorneys in Atlanta

2012-01-31T07:30:00.000-08:00

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.

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Murder Defense Attorneys in Atlanta

Criminal Defense Lawyers Gwinnett County

2012-01-29T08:10:00.001-08:00

Question: I Have a friend in a Georgia state prison. He and I were conversing via cell phone and his phone was confiscated with my number in it. The guards called and told me I was in breach of O.C.G.A 42-5-18. I have looked it up and it says nothing about talking to a prisoner, just suppling contraband. The officer did ask if I had been suppling contraband, but I have not even seen him face to face in over 25yrs. I just want to know if I have anything to worry about.

Answer: It depends. If you are the worrying type, then I would worry, because state officials from the penitentiary phoned me, and I don't know what your friend will tell them to remain out of trouble. If you could care less what anyone says until the handcuffs go on, then you have nothing to worry about right now, because you are not in handcuffs. Good luck.

Answered By Lawrence Lewis - Criminal Defense Lawyers Gwinnett County

Experienced criminal attorney

2012-01-29T08:09:00.000-08:00

For whatever reason many folks are under the impression that a criminal conviction can be or will be expunged or sealed after some finite period of time. Nothing could be farther from the truth. Whether the accused has entered a guilty plea (i.e. I did it and I am ready to take responsibility for doing it), a nolo contendere plea aka nolo plea (i.e. I am not contesting the evidence the state will offer to the judge), an Alford plea (i.e. I am not guilty, but having looked at the evidence against me, I think it is in my best interest to enter a guilty plea), or a first offender plea (i.e. this is the first trouble I have ever been in), the arrest and disposition of the case will be available for all to see, forever.

Expungement only becomes a possibility when someone is trying to get an “arrest” off of his/her record, not a “conviction”. In Georgia, O.C.G.A. § 35-3-37 controls expungements. An arrest expungement is fairly simple if an individual has been arrested, and: (1) is released by the arresting agency prior to the case being referred to the prosecuting attorney (i.e. District Attorney or Solicitor General); or (2) the prosecuting attorney dismisses the charges without seeking an indictment or filing an accusation. O.C.G.A. § 35-3-37(d)(1). In effect the statute views the arrest as a mistake, and as such it should not remain on the person’s criminal history.

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experienced criminal attorney

Criminal Defense Attorneys Lawrenceville

2012-01-27T05:47:00.001-08:00

Question: My girlfriend got charged with assault for throwing a shot glass in a bar when she was pretty drunk back in 2010. The shot glass didn't hit anybody, just a wall. When she appeared before the judge she had said that she was dismissing the charge and that if my girlfriend brought back completed anger management that it would be wiped off her record. Well, long story short she completed the anger management class but never turned it in. Now she got picked up for a failure to appear that was from an arraignment date in 2011 (over a year later) which they have no record of the previous deal or court date that she went to and we never received anything from the courts saying that she had another court date (possibly sent to the wrong address). Beyond that, the charge was changed from assault to battery with visible marks shown which makes no sense at all. This whole thing is insanely confusing and she is supposed to appear in court this Thursday and we have no clue what is going to happen or what is going on. Any advise that you could give us on why this could have happened and what we should do would be greatly appreciated.

Answer: You need to retain an attorney. If all of the facts are true, all your girlfriend had to do is complete anger management and turn in the paperwork, which she DID NOT do. So, her case continues. While I don't know all of the facts, I know that she needs an attorney.

Answered By Lawrence Lewis - Criminal Defense Attorneys Lawrenceville

How do I find a mentor?

2012-01-27T05:46:00.000-08:00

Transformational Growth
Health
Finance and Money
Marriage
Child Rearing

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DUI Attorneys Lawrenceville, Traffic Citation Lawyers Lawrenceville

Burglary Defense Attorney Duluth

2012-01-25T07:36:00.001-08:00

Question: I am awaiting sentencing for theft by taking and burglary. I have a felony background with two charges of along the same lines. I have a wife and an 11 month old daughter, I was intoxicated when I did what I did and under the influence of drugs. Things I don't normally do by the way. The night just got out of control. It happened in Dade county Georgia.

Answer: With felony convictions in my past, a wife that I love and a young child that I adore, I decided to go out and get high and drunk, even though I know in the past when I get high and drunk very bad things happen. Now, with no defense in my case, I am pleading guilty and hoping that the judge will give a sh*t about my life, when I clear could care less about my own life, or wife or child. Good luck with that!

Answered By Lawrence Lewis - Burglary Defense Attorney Duluth

Trial - DUI Attorneys in Lawrecenveille

2012-01-25T07:35:00.000-08:00

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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DUI Attorneys in Lawrecenveille

Rape Defense Attorney Lawrenceville

2012-01-23T08:56:00.001-08:00

Question: My boyfriend is serving a 20/15 under bill441 and is in year 9. Once the manditory 10 is served can he parole out even without a tinitive parole date?

Answer: If he is serving 15 on an armed robbery, rape, aggravated sexual battery, aggravated assault or some other very serious offense, he will not be paroling out after 10. There is a reason he does not have a tentative parole hearing date. He is not going to be paroled. He is not eligible for parole after 10 years.

Answered By Lawrence Lewis - Rape Defense Attorney Lawrenceville

Pre-Trial Hearings - DUI Attorneys Lawrenceville

2012-01-23T08:55:00.000-08:00

A pretrial conference is a meeting of the parties to a case conducted prior to trial. The conference is held before the trial judge or a magistrate, a judicial officer who possesses fewer judicial powers than a judge. A pretrial conference may be held prior to trial in both civil and criminal cases. A pretrial conference may be requested by a party to a case, or it may be ordered by the court. Generally, the term pretrial conference is used interchangeably with the term pretrial hearing.

A pretrial conference may be conducted for several reasons: (1) expedite disposition of the case, (2) help the court establish managerial control over the case, (3) discourage wasteful pretrial activities, (4) improve the quality of the trial with thorough preparation, and (5) facilitate a settlement of the case.

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DUI Attorneys Lawrenceville, Criminal Defense Attorneys Atlanta

Juvenile Issues

2012-01-21T08:23:00.000-08:00

Criminal cases impacting minors (children under the age of 17) are handled differently than those where adults are arrested. The criminal courts have long recognized that a child’s developing mind is not able to comprehend and appreciate the consequences of certain behaviors. Therefore, for juveniles accused of a criminal offense, the courts focus on education and rehabilitation, rather than strictly punishment. Although delinquency petitions, where criminal offenses are allegedly committed by a child under the age of 17, may be the most common type of case addressed in Juvenile Courts in Georgia, there are actually five types of cases (also known as petitions) addressed in Juvenile Courts:

Delinquencies (where a criminal offense is allegedly committed by a child under the age of 17);
Unruly/Runaways (where a parent files a petition against a vehemently disobedient child under the age of 18);
Truancies (where a school official files a petition, alleging the child refuses to attend school);
Deprivations (where Department of Family and Children’s Services (DFACS) investigates whether the parents are providing for the health and welfare of the child); and
Termination of the Parental Rights.

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Juvenile Criminal Attorneys Lawrenceville

Calendar Call

2012-01-21T08:20:00.000-08:00

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.

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Sex Offenses Attorneys

The Police Failed to Read Me My Rights

2012-01-19T08:20:00.001-08:00

Every week I receive some question concerning the significance of law enforcement’s failure to read someone his/her rights. Sometimes the question explicitly asks if all of the charges can be dismissed, but most of the time the question is searching for some hope that the failure to read the rights might benefit the person that has been arrested. Because it appears to be on the minds of so many people, I decided to just address it in its entirety.

First, the rights that everyone is thinking and talking about are referred to as the Miranda warnings. When law enforcement reads the Miranda rights, they tell the accused:

You have the right to remain silent. If you give up the right to remain silent, then everything you say can (and will) be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one may be appointed to represent you. Do you understand these rights?

Although those are the rights, the most important question comes at the end of those rights, which puts you on notice as to why the police are reading the rights in the first place:

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Murder Defense Attorney Lawrenceville

Arraignment

2012-01-19T08:18:00.001-08:00

The arraignment can occur anywhere between three months and eighteen months after the arrest. At the arraignment, the charges against the accused will be read to the accused by the judge or prosecutor, unless an attorney waives reading of the complaint. Afterwards the accused will enter a plea or GUILTY or NOT GUILTY. Sometimes, the judge will address representation at the arraignment. So, the case will not be delayed.

DUI Attorneys Lawrenceville

Criminal Defense Attorneys Gwinnett County

2012-01-17T07:32:00.002-08:00

Question: Facing child cruelty and reckless conduct charges because moved gun from arm rest to glove compartment and school faculty member says pointed it at her...turn myself in tomorrow what am i facing?

Answer: Story sounds strange. Why would school staff report the transfer of the gun from the arm rest to the glove box, and accuse you of pointing the gun at her if you were acting like a mature person having a pleasant conversation. Oh...wait a minute..you were arguing and threatening, and then moved the gun from the armrest to the glove box in an effort to intimidate her. If that is the case, your attitude, demeanor and behavior before you ever touched any weapon will dictate your punishment. Because I don't know the accusation and I don't know your criminal history, I cannot guess what the prosecutor will recommend, or what the judge will do.

Answered By Lawrence Lewis - Criminal Defense Attorneys Gwinnett County

Bond Hearing - Murder Defense Attorneys in Lawrenceville

2012-01-17T07:32:00.000-08:00

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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Murder Defense Attorneys in Lawrenceville

Probation Lawyers in Gwinnett County

2012-01-15T08:25:00.002-08:00

Question: What are the steps for early release from first time offender probation? I've served 6 plus yrs of a 10 yr sentence. I was reporting by phone since i live out of state and have been released from supervised probation. Would it be best to retain an attorney or can it be done without one?

Answer: You should retain an attorney, IF you are going to try and get a probation that you agreed to in a plea negotiations reduced. After all, you would not want the prosecutor to come back asking that you do an additional four years on probation if you did not agree to that when you entered a plea.

Answered By Lawrence Lewis - Probation Lawyers in Gwinnett County

Preliminary Hearing - Preliminary Hearing Attorney Atlanta

2012-01-15T08:25:00.000-08:00

The preliminary hearing typically occurs between ten and fourteen days after arrest. A preliminary hearing (also known as a “probable cause” hearing, or “commitment” hearing) is a proceeding where the prosecutor must establish in court that they have enough evidence to detain the individual on the filed charges (i.e. warrant). The hearing is designed primarily for the benefit of those incarcerated individuals who have been unable to post bond, to ensure that they are not held in jail on unfounded charges. However, individuals out on bond are also permitted to request a preliminary hearing, and as a general rule an attorney should request one in almost every felony case regardless of whether the defendant is in jail.

If a defendant is in jail at the time the preliminary hearing is conducted and the state fails to establish probable cause that he or she has committed the offense, the defendant is entitled to have the charge dismissed and to be released from jail. If the defendant is not in jail and the state fails to establish probable cause the defendant is entitled to have the charge dismissed and to be released from the conditions of his or her bond. However, a dismissal of the charge at the preliminary hearing does not prevent a grand jury from issuing an indictment against the defendant at a later date. Thus, a defendant whose case is thrown out at a preliminary hearing could still face the same charges again. If this occurs, then the defendant will be rearrested on the same charge, and would have to post bond in order to get out of jail while awaiting trial.

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Preliminary Hearing Attorney Atlanta

DUI Attorneys in Lawrenceville

2012-01-13T08:10:00.002-08:00

Question: Are there two different types of first offender pleas in the state of Georgia?

Answer: No, there is only one. if the behavior that led to the offense has not changed, the 2nd offense may be carrying jail time, since you got the benefit of no conviciton the first time around.

Answered By Lawrence Lewis - DUI Attorneys in Lawrenceville

First Appearance - DUI Attorneys Lawrenceville

2012-01-13T08:10:00.000-08:00

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.

By Lawrence Lewis - DUI Attorneys Lawrenceville

DUI Attorneys Lawrenceville

2012-01-11T07:59:00.001-08:00

Question: If you are currently in jail awaiting your court date for driving without a license what will be the penalty in Cobb County (Georgia). The person has currently been in jail since December 14th and the court date is Jan. 17th. Should the person have a lawyer since this is a first time offense without a license (he does have prior misdemeanors)? Will the person be granted time served at this point?

Answer: No one can know the answer to the question, because there are facts that are missing. No one is held for more than 30 days on a first offense of driving without a license. Either he lost his license with a DUI, or possibly two, in which case the driving without a license for a prior DUI will infuriate the judge. Or he has a violation of probation hold. Why has he not made bond? The courts must set a bond on the misdemeanor driving without a license. So, yes I think he needs an attorney, because there are other more important factors which you either do not know or have not included.

Answered By Lawrence Lewis - DUI Attorneys Lawrenceville

Theft Defense Attorneys Lawrenceville

2012-01-11T07:58:00.000-08:00

QUESTION:

I was charged with a theft by shoplifting misdemeanor, value of the items were13.33 and it was food taken because I didn’t have the money to pay for food and people in my dwelling including myself had nothing to eat. I was given the standard disposition 12 months’ probation, 40 hrs community service and a hefty fine, as well as spent 7 days in jail, I feel that this was an injustice, the time spent in jail was enough. I have no job and no car or reliable source of transportation there for making it difficult as well as a hardship to comply with these orders. What can I do about this? Can I appeal? Also can I get a public defender for this? Please tell me what can I do?

ANSWER: You can return to court and ask the judge to reconsider the sentence in its entirety (unlikely to work), or ask the judge to convert more of the fine to community service. You need to do as much community service as you can. Why do I think that? You told me. You are in a place where you don`t have $ 15 in your pocket for food. The people in your company do not have $ 15 for food. You do not have a car or a job. Therefore, you need to retrain your mind. You need to find employment, and a better group of people to keep your company. If you volunteer with Habitats for Humanity you will be introduced to people who can substantially improve your situation. First, you can get training on how to lay tile or hardwood, or learn plumbing work, and maybe even land a job. Second, you can get connected to folks that can help you find decent housing. Third, you will improve your company. OR you can continue down the road you are on, which will clearly result in a prison sentence, for something that you did not do.

There is no appeal to a guilty plea. You can ask the judge to withdraw the plea, but since you were in jail for 7 days before you entered the plea, I know that you were not drunk of high when you entered the plea. The judge will not appoint a public defender.

Answered BY Lawrence Lewis - Theft Defense Attorneys Lawrenceville

The Best Compliment

2012-01-08T19:33:00.001-08:00

Yesterday, after court, I had a chance to overhear the judge pay me a great compliment. The judge explained that he thought I was a good attorney because unlike one third of the attorneys that appear before him, I am not just spouting what my client wants me to spout. He remarked that I often have an insight into the case that requires that he (the judge) actually listen to what I am saying when I speak on my client’s behalf. I thought it was the best compliment that any judge could pay me, because it confirms that the manner in which I practice law is appreciated. Unlike some attorneys, I do charge a consultation fee. I charge the fee, because it takes time to listen. When clients schedule an appointment, they come with anxiety, fear and their own biased perception of facts and/or events. If I am actually listening and not trying to promote myself in order to secure my retainer fee, it will take time to discern the problem, and the best possible solutions. Typically it will take about an hour, but sometimes it takes three or four hours. I have learned that when it takes three or four hours, it is primarily because all of the previous attorney have failed to spend the

time necessary to listen and understand the client’s issues.

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By Lawrence Lewis - Criminal Defense Attorney , DUI Attorneys in Lawrenceville

Sentencing

2012-01-08T19:31:00.001-08:00

QUESTION:

I was charged with a theft by shoplifting misdemeanor, value of the items were13.33 and it was food taken because I didn’t have the money to pay for food and people in my dwelling including myself had nothing to eat. I was given the standard disposition 12 months’ probation, 40 hrs community service and a hefty fine, as well as spent 7 days in jail, I feel that this was an injustice, the time spent in jail was enough. I have no job and no car or reliable source of transportation there for making it difficult as well as a hardship to comply with these orders. What can I do about this? Can I appeal? Also can I get a public defender for this? Please tell me what can I do?

By Lawrence Lewis - DUI Attorneys Lawrenceville

Felony Defense Attorneys Lawrenceville

2012-01-07T09:47:00.002-08:00

Question: If you get kicked out of a state as minor for a felony, Can you ever go back it has been well over ten years with no other convictions?

Answer: Do you mean banishment? If you were banished, and your sentence is over, you can go back. When your friend (not you) gets you into trouble, you should be ready for a punishment twice as bad as anyone else. Why? Because you were banished. But returning is not prohibited.

Answered By Lawrence Lewis - Felony Defense Attorneys Lawrenceville

Speedy trial demands

2012-01-07T09:47:00.000-08:00

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.

Answered By Lawrence Lewis - Felony Defense Attorneys Atlanta

Misdemeanor Attorneys Atlanta

2012-01-05T07:21:00.001-08:00

Question: Is there a law that allow my record to be sealed after 7 years from a misdemeanor of possession marijuana?

Answer: I am aware of no law that allows a misdemeanor conviction to be expunged or sealed after 7 years.

Answered By Lawrence Lewis - Misdemeanor Attorneys Atlanta

Plea deals/sentences

2012-01-05T07:20:00.000-08:00

QUESTION: What should I expect in terms of a plea offer (from the prosecutor) or sentence (from the judge)?

ANSWER: The plea offer and/or sentence is typically a function of a number of different things:

(1) Age of the accused

(2) Age of the victim (if there is a victim)

(3) The criminal record (GCIC) of the accused

(4) The nature of the offense

(5) The quality/experience of the defense attorney

(6) The jurisdiction where the offense occurred (Fulton County is more lenient than Butts County)

(7) How quickly the accused takes responsibility, especially if there are co-defendant against which the accused can testify

(8) The judge hearing the case (some judges hate burglaries, other hate graffiti)

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By Lawrence Lewis - Experienced defense attorney

Felony Violation Attorney

2012-01-03T07:34:00.000-08:00

QUESTION: Does a felony violation of probation of first offender show up on a background check after the probation is finished?

ANSWER: First, 1^st offender does not keep you out of jail/prison, or seal or expunge your criminal record. IF you successfully complete 1st offender, your GCIC (criminal record) will reveal your arrest charges, plea charges (if different from the arrest charges) and the disposition of your case (1st offender). Second, if you violate probation while on 1st offender, and the judge determines (after a hearing) that you have violated your probation, the judge will adjudicate you and on that date you will have a conviction, which will certainly appear on your record.

Answered By Lawrence Lewis - Felony Violation Attorney

Misdemeanor Attorneys in Lawrenceville

2012-01-03T07:32:00.000-08:00

QUESTION: When can I get a criminal conviction expunged from my

record?

ANSWER: A felony criminal conviction, a misdemeanor criminal conviction, a 1^st offender disposition, a nolo plea, an Alford v. North Carolina plea, and a conditional discharge will not be expunged from your record.

Answered by Lawrence Lewis - Misdemeanor Attorneys in Lawrenceville

Probation Attorney in Lawrenceville

2012-01-01T07:56:00.000-08:00

Question: In GA Can You get probation on your first time in trouble?

Answer: Yes, if your first time is not murder, armed robbery, trafficking in cocaine, rape, child molestation, aggravated assault, aggravated sexual battery, exploitation of the elderly, treason, exploitation of a minor, serious injury by motor vehicle, or a number of other offenses.

Answered by Lawrence Lewis - Probation Attorney in Lawrenceville

Mentoring: Growth After Formal Schooling

2011-12-30T09:22:00.000-08:00

Transformational Growth
Health
Finance and Money
Marriage
Child Rearing

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By Lawrence Lewis - Criminal Defense Attorney in Lawrenceville

Felony Defense Attorneys Cumming

2011-12-30T07:31:00.002-08:00

Question: My friend was arrested for 2 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.

Answered By Lawrence Lewis - Felony Defense Attorneys Cumming

How do I select a good criminal defense attorney?

2011-12-30T07:31:00.000-08:00

February 2011 will mark the start of my twelfth 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.

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Criminal Defense Attorney in Norcross

Burglary Defense Attorney Lawrenceville

2011-12-28T08:33:00.001-08:00

Question: How long after a person has been arrested for a commercial burglary,does the state have to bring him to court after the accused has bonded out?

Answer: The state has four years in which to indict the person. If the indictment is not filed within four years of the offense, the statute of limitations bars/prevents prosecution.

Answered By Lawrence Lewis - Burglary Defense Attorney Lawrenceville

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

2011-12-28T08:32:00.001-08:00

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).

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DUI attorney

Criminal Defense Lawyer Atlanta

2011-12-26T07:26:00.002-08:00

Question: If you are arrested and accused of a crime. Do you have a right to a hard copy of the complete statements which were made against you?. Who can provide this information?

Thank you kindly,

Answer: After you are formally indicted or accused, you can file a discovery motion, in anticipation of jury trial, and the prosecutor must provide all of the evidence against you at least ten days prior to trial. If your attorney is not in place when you get the discovery, you will be at a severe disadvantage.

Answered By Lawrence Lewis - Criminal Defense Lawyer Atlanta

Top Five Fights That Lead to Domestic Violence

2011-12-26T07:26:00.000-08:00

Irrespective of whether it is a mild push or a violent beating, domestic violence (aka family violence) is particularly disruptive to the constructive development of each family member. The accused is typically arrested and jailed, the victim’s esteem is negatively affected, and every family member that witnesses or hears the assault is placed in the precarious position of choosing sides. Much of the domestic violence that occurs can be avoided by avoiding the behavior or arguments that lead to domestic violence. The top five fights that lead to domestic violence typically center around:

(5) Drinking (alcohol) or drug use

(4) Cheating or womanizing

(3) Time

(2) Money

(1) Poor communication

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Domestic Violence Attorney Lawrenceville

Criminal Defense Lawyer Buford

2011-12-24T08:53:00.001-08:00

Question: At what age can a child be subpoenaed in a criminal case in GA?

Answer: At the age where the child is competent to testify. The prosecutor does not need your permission to have your 12 year old testify.

Answered By Lawrence Lewis - Criminal Defense Lawyer Buford

Can I trust my public defender?

2011-12-24T08:52:00.001-08:00

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

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Lawrence Lewis - Criminal Defense Attorney

Criminal Defense Attorney Cumming

2011-12-22T07:12:00.001-08:00

Question: Can records be sealed or expunge when you plead no lo contentra?

Answer: A nolo plea is a conviction for many purposes, and will not be expunged or sealed.

Answered By Lawrence Lewis - Criminal Defense Attorney Cumming

Anger Management

2011-12-22T07:11:00.000-08:00

Q: Why should I attend anger management classes?

IT IS NOT ABOUT THE ANGER

Anger is often a secondary emotion, which we jump to in order not to feel the pain or vulnerability of the initial emotion. So, while there may be a great deal of anger in the workplace, at home, at school or on the internet, the anger comes from very different emotional places. For example, when one person feels afraid, thefear is often quickly replaced by anger. Fear is associated with being a victim, or being weak, while anger has the power of a victor. Similarly, hopelessness is associated with being fragile or dependent. So, the more hopeless a person feels, the more that emotion may demonstrate itself as anger. Betrayal, shame, jealousy, almost any emotion that has a negative impact on a person’s emotional state can be replaced by anger. The effect is to feel the anger, rather than the true emotion.

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By Lawrence Lewis - Felony Defense Attorney - Deposit Account Fraud Lawyer

Custody Attorney Lawrenceville

2011-12-20T07:31:00.001-08:00

Question: Can a lawyer draw up papers to have some one released into your custody and how much will it cost?

Answer: The drafting of the papers is not the issue, the judge granting the motion to have someone (I assume that is in custody) released to someone else's custody is the issue. The cost to help get someone out of jail is a function of prior criminal history and current criminal charges.

Answered By Lawrence Lewis - Custody Attorney Lawrenceville

Armed Robbery Attorneys in Lawrenceville

2011-12-20T07:30:00.001-08:00

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Armed Robbery Attorneys in Lawrenceville

Criminal Defense Attorney Georgia

2011-12-18T08:02:00.001-08:00

Question: I'm being stalked by my ex boyfriend. And I am pregnant by the man I'm with.my ex made us wreck into him the other night.it involved 2 four wheelers. He has also made threats to me and my man.what should i do? should i be worried?

Answer: Hire an attorney, get a restraining order and make sure ex obeys the restraining order.

Answered By Lawrence Lewis - Criminal Defense Attorney Georgia

Family Violence Attorneys Lawrenceville

2011-12-18T07:54:00.001-08:00

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Sex Crime Attorney Lawrenceville

2011-12-16T06:48:00.002-08:00

Question: My son is 16 and lives in ga. he went to spend the week at his aunts house in fla. 15 days later I get a call from his aunt saying that my son raped her daughter who is 13 and she is pressing charges. My son says this did not happen but they did touch each other but never was she raped nor was there any sex what should I do?

Answer:There is nothing to do right now. Either the Florida police will take a warrant or they will not. Either the Florida police will ask to speak to him before they take a warrant or they will not. When the Florida authorities contact you, you need to retain an attorney in the county where your relatives live, because that is where your son will be arrested and tried if it goes that far.

Answered By Lawrence Lewis - Sex Crime Attorney Lawrenceville

Protective Order Hearings Lawyers

2011-12-16T06:48:00.000-08:00

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Keyword: Protective Order Hearings Lawyers, Restraining Orders Attorney

Criminal Defense Attorney Lawrenceville

2011-12-14T08:14:00.001-08:00

Question: December 4 was the official date that my 5 year felony probation sentence was set to end. I've been trying for a week to get my release/first offender paperwork from my PO but he's avoiding me, and having contacted the judge's office I know that my paperwork has not been sent there. I have absolutely no violations or fines to pay. With no foreseeable resolution in sight, I'm wondering if I am still subject to the terms of my probation or am I back to being a citizen with rights? And also if there is any way to circumvent my PO and get this mess handled so I can start the process of rebuilding my life?

Answer: Just because you have not reached your PO, does not mean your PO is avoiding you. Your PO cannot collect anymore money from you, and wants you off his/her supervision list. I suspect that the PO is processing the paperwork. I'm curious: If the PO has had a family emergency like a death in the family, would you realize how self absorbed you still are (even after the 5 years on probation) in thinking that you are somehow the reason he has been unavailable. Probably not. No foreseeable resolution in sight will turn into resolved in a matter of days. What are you looking to do that you cannot do? Carry a gun is the only thing I can think of. If you have been on reporting probation for five years, you either have violated your probation a number of times or have a sex offense. The maximum period of supervision is two years. You indicated that you have violations, so you were either illegally on reporting probation for the last three years, or you have a sex offense. I don't know what the sex offense was about, but the tone of the question indicates that you lack patience, lack empathy and are extremely self absorbed, maybe even bordering on narcissistic. Have you not been rebuilding your life for the last five years while you have been on probation? If it is a sex offense, you better make sure you are registered if required, or you will right back on probation. Good luck.

Answered By Lawrence Lewis - Criminal Defense Attorney Lawrenceville

Violation Of Probation

2011-12-14T08:03:00.000-08:00

Avoid the Typical Result in a Georgia VOP Case

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Criminal Defense Attorney in Norcross

2011-12-12T07:09:00.001-08:00

Question: If someone has been arrested for a hand gun being fired by accident and causes damage to a neighbors home how long can you be detained by law enforcement before being charged? The hand gun was clear of bodies, legal and no other charges, it appears the police are LOOKING for something else.

Answer: I don't understand the question. The police arrested the someone for what crime (possession of a firearm by a convicted felon, discharge of a firearm within city limits, reckless conduct)? The police did not take the someone in the police car to the jail, and then him/her there to determine what the charges should be. The police don't need to look for anything else, they have reckless conduct. If the neighbor says the gun was discharged on purpose, then they have terroristic acts. If the neighbor says the gun was pointed at them, then they have aggravated assault. However, you have no idea what the neighbor told the police.

Answered By Lawrence Lewis - Criminal Defense Attorney in Norcross

Sex offense defense lawyer

2011-12-12T07:08:00.001-08:00

People charged with sexual assault or child sex offenses face hostile prosecutors and harsh public opinion. Most people, even some criminal defense attorneys, are only too willing to believe the worst about those accused of sex offenses. Our firm knows that not all people accused of sex offenses are in fact guilty of the charges. We believe that those facing such grave charges deserve the best possible defense and representation.

At Lawrence Lewis, P.C. we recognize that a conviction for a sex crime will almost certainly result in prison time, lifetime registration as a sex offender, and a permanently destroyed reputation. In 2006, sex offender laws were overhauled in Georgia, and four (4) sexual offenses were modified to require a mandatory minimum life in prison, which means thirty years in prison before the convicted person is considered for parole. These include:

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If you have been charged with a sex offense and you would like to speak with a qualified criminal defense attorney, call an experienced sex offense defense lawyer or attorney at Lawrence Lewis, P.C. today at (678) 407-9300.

Domestic Violence Attorney in Lawrenceville

2011-12-10T07:47:00.001-08:00

Question: I was arrested at a skating rink because my wife called the police and told them that I verbally threatend her life inside the skating rink. She had a friend who she was talking to on the cell phone come up to the skating rink to tell the police that she heard me threaten my wife while she was on the cell phone with her. Inside the skating rink it is very loud with music. The skating rink owner was their that night and did an advidavit stating that I did nothing wrong, no parents said anything to her or the staff about any domestic fights going on and that she did not even know my wife was their that night because I was skating with my daughters every time she saw me. I was indicted by the grand jury. I have NEVER been arrested before, I am 40 yrs old and served 8 years in the UNited States Marine Corps. My wife also filed a TPO against me 2 days after I got out of jail even though the bond protects her. Last year my wife filed molestation charges against me which was dropped, saying I was molesting my daughters, she lost 2 previous children to her 2 ex husbands. Do you think the DA will drop charges or take it to a jury trial because I am willing to go to a jury trial if they dont drop charges.

Answer: I think you should prepare for jury trial. The grand jury indicted you, so the prosecutor will try you. How does your willingness to go to jury trial translate into beating the charges at jury trial? Who will be trying the case? You. See website on how to select an attorney

Answered by Lawrence Lewis - Domestic Violence Attorney in Lawrenceville

Violent crimes attorney

2011-12-10T07:46:00.001-08:00

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Rape Defense Attorney Lawrenceville

2011-12-08T08:14:00.001-08:00

Question: I was raped by someone that i know and they claims to be my friend so i know who he is and he knows where i hang out. This happened two weeks ago and im afraid that since i didn't go get tested with a rape kit and he doesn't incriminate himself during questioning or admit to rapping me that the case will just be dropped and they he will be out to try and hurt or even kill me for trying to press charges. What should/can I do to get justice served on my behalf without having to run from him and not go out until i move out of the state of Georgia?

Answer: How can the case be dropped when you never reported the incident and no decision has been made to arrest or jail him? Without you reporting the offense to the police, the police, prosecutor, judge and/or courts will never be involved. No one knows what you should do,because you have too many condition precedents on what you want. You want justice, but you don't want him arrested if he is going to be let out of jail. You want justice, but you don't want to run before you move out of the state of GA. I cannot that the police will take your case more seriously the more time goes by between the incident and the arrest.

Answered By Lawrence Lewis - Rape Defense Attorney Lawrenceville, Sex Offense Lawyer Atlanta

Traffic Citation Lawyer

2011-12-08T08:13:00.000-08:00

O.C.G.A. § 40-5-20(a) states that no person shall drive any motor vehicle upon a highway in this state unless such person has a valid driver’s license. Any person who is a resident of Georgia for 30 days must obtain a Georgia’s driver’s license before operating a motor vehicle in this state. Every licensee shall have his license in his immediate possession at all times when operating a motor vehicle, and shall display the license upon the demand of an officer.

The driver with a valid driver’s license may be cited for a multitude of traffic offenses, ranging from speeding, and/or failure to maintain lane, to vehicular homicide. It is unrealistic to try and address all of the possible traffic offenses here. So, we will address the most frequent traffic offenses by age group.

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Keywords: Traffic Citation Lawyer, Traffic Ticket Attorney, Qualified Traffic Lawyer, Gwinnett County Traffic Ticket Attorney, Atlanta Traffic Ticket Attorney, Lawrenceville Traffic Citation Lawyer

Felony Defense Attorney in Lawrenceville

2011-12-06T07:12:00.002-08:00

Question: Can a felony conviction of Conspiracy to Commit Wire Fraud be expunged from your permanent record?

Answer: No, no felony conviction can be expunged.

Answered By Lawrence Lewis - Felony Defense Attorney in Lawrenceville

Drug Offenses Lawyers

2011-12-06T07:12:00.000-08:00

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Keyword: Drug Offenses Lawyers, Lawrenceville Drug Offenses Attorneys, Atlanta Drug Offenses Attorneys, Drug Offenses Lawyers in Gwinnett County

Drug Defense Lawyer in Lawrenceville

2011-12-04T08:18:00.001-08:00

Question: I am a 17 year old male and got a citation from the Forsyth County Department of Parks and Recreation. Me and 5 other friends hiked up a small mountain at Sawnee Mountain Park and when we reached the top, 2 of my friends pull out marijuana. They all begin smoking while I just kinda hung out with them. I had no marijuana, did not smoke any marijuana, and did not even drive to the trail. However we all got citations for being at the park during late hours. My 2 friends who had the citations had "possession of Marijuana" written on their citation. The cop was aware I didn't have possession and didn't smoke but my citation specifically stated, "Late hours w/others smoking marijuana" I am worried the judge might misinterpret that as "Smoking marijuana WITH others" instead of "with others as THEY smoked marijuana. The cop also said all I had to do was go to court, pay the fine, and it would not be on my record. How much do you think my fine will be? What if the judge misinterprets my ticket? and was the officer telling the truth when he said all I had to do was pay the fine and my record will stay clean?

Answer: You clearly need an attorney, because you are worried about how your citations will be interpreted, and your possible fine, when you had no concern about your friends pulling out marijuana, smoking marijuana and you hanging out while they smoke marijuana. Click here to see how to select a good lawyer

Answered By Lawrence Lewis - Drug Defense Lawyer in Lawrenceville

DUI Lawyer

2011-12-04T08:16:00.001-08:00

After any DUI or DWI (driving while intoxicated) arrest in Georgia, there are actually two different types of cases pending against the driver:

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Criminal Defense Lawyer in Buford

2011-12-02T06:53:00.001-08:00

Question: My father had a tractor parked on someone's elses property. A junk dealer had a tow truck pick up the tractor and he sold it for scrap metal. The junk dealer said that he bought the tractor from the land owner. My father does not know who the land owner was. The tractor broke down and he left it there until he could get someone to pick it up but the junk man had it picked up before Daddy did. Can you please tell me what law this breaks and where to begin on getting restitution for the tractor?

Answer: Your father committed a trespass. It would have been impossible to leave the broken tractor on property that he did not unlawfully enter. After your father unlawfully entered someone's else's property without permission, he used that property as a parking lot. Once the property owner observed the broken tractor on his land, I suspect he called the tow man to remove it. The tow man removed the property and sold it, pocketed whatever profits there may have been. Now you want to know what laws the other people broke? Get real!

Answered By Lawrence Lewis - Criminal Defense Lawyer in Buford

Deposit Account Fraud Forgery attorney

2011-12-02T06:52:00.001-08:00

DEPOSIT ACCOUNT FRAUD – FORGERY – FINANCIAL IDENTITY FRAUD

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Deposit Account Fraud Forgery attorney

Criminal Defense Attorney in Lawrenceville

2011-11-30T07:24:00.001-08:00

Question: Can the government break the law to get you to do the same? Can a federal agent lie under oath? Can the police put a drug and gun sting in a school zone? Can the police put a shot range in a school zone?

Answer: The government can break the law to deter crime. The police can arrange (solicit) for the purchase of drugs in order to arrest people selling drugs.

Can gn a federal agent lie under oath. Of course he can lie, just like anyone else. Should he lie under oath? No. Does the law allow him to lie under oath? No. But the fact that you ask that question means that you are not taking into account his perception of events. You have your view, which you think is the only view. Nothing else to say about that.

Yes, the police can put a drug and gun sting in a school zone. Refer to the beginning of this post.

I don't know what a "shot range" is, so I cannot answer that question.

Answered By Lawrence Lewis - Criminal Defense Attorney in Lawrenceville

Mental Health Problems

2011-11-30T07:22:00.001-08:00

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:

Markedly diminished interest in things normally found pleasurable
Insomnia/hypersomnia
Fatigue/loss of energy
Weight loss or weight gain (or nearly daily serious change in appetite)
Observable psychomotor agitation or retardation
Excessive guilt or feelings of worthlessness
Significantly diminished ability to concentrate, and/or
Recurrent thoughts of death or suicidal thoughts/ideation

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Child Abuse Attorney in Atlanta

2011-11-28T09:12:00.002-08:00

Question: If a child molestation occurred 8 years ago in ga. Is it to late to file charges?

Answer: It depends on when the child turned 18 years old. You need to research statute of limitations, or even better schedule a consult with an experienced attorney.

Answered By Lawrence Lewis - Child Abuse Attorney in Atlanta

Burglary Defense Attorney

2011-11-28T09:12:00.000-08:00

In Georgia, burglary is defined as entering the dwelling of another without authority with the intent to commit a felony or theft. Intent to steal or commit a felony need not be formed at the precise moment of entry, but can be formed thereafter while the perpetrator is remaining on the premises. State v. Jones, 291 Ga. App. 296 (2008). Although burglary is often regarded as a type of theft crime, Georgia recognizes that any non-theft felony (e.g. aggravated assault, aggravated stalking) can give rise to a burglary charge. More importantly, it is not necessary to actually commit a theft or felony, in order to complete the crime of burglary.State v. Alexander, 279 Ga. App. 683 (2005). As long at the intent in entering the premises is to commit a felony or theft, the burglary statute (O.C.G.A. § 16-7-1(a)) permits the prosecutor to seek an indictment for the offense of burglary.

Unlike other states, forced entry is not an element in Georgia. State v. Gray, 291 Ga. App. 573 (2008). Unlawful entry occurs when a person breaks the plane of the structure. In other words, when a person passes over or through a window or door, without authority, and with the intent to commit a theft or felony, a burglary occurs.

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Burglary Defense Attorney

Criminal Defense Attorney in Cumming Area

2011-11-26T06:53:00.001-08:00

Question: I couldn't afford an attorney so the state had me apply for a public defender and they gave me one. She is now asking for attorney fees. I am confused because I thought they gave me HER because I couldn't afford one.

Answer: Before you contact the PD's office or the State bar of Georgia make sure you know what you are talking about. A court appointed attorney is not the same thing as a public defender. Public defenders cannot accept money and cannot work on your out of county matter. Conversely, a court appointed attorney can be appointed on your drug case in Fayette County and receive a fee from you to work on your violation of probation in Hall County, because those are two different matters. If the court appointed attorney is asking for money to represent you on the charges the court appointed was assigned to work on, then he is doing something wrong. If you ask the court appointed attorney if you can get a better deal if you hire the attorney privately, and the court appointed attorney quotes you a fee, that is NOT the same as the attorney asking for money. Make sure you get the story straight. Good luck.

Answerd By Lawrence Lewis - Criminal Defense Attorney in Cumming Area

Murder Defense Attorneys in Atlanta

2011-11-26T06:50:00.000-08:00

(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.

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Murder Defense Attorneys in Atlanta

Expungement - Criminal attorney

2011-11-24T06:36:00.000-08:00

Criminal Defense Attorney in Gwinnett County

2011-11-22T07:30:00.001-08:00

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

Bench trials and jury trials

2011-11-22T07:29:00.000-08:00

Burglary Defense Attorney in Lawrenceville

2011-11-20T07:54:00.001-08:00

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

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

Answered By Lawrence Lewis - Burglary Defense Attorney in Lawrenceville