Defense Attorney in Lawrenceville

Question: Is it legal for a 3rd party to speak at a bond hearing?

Answer: Who are the first two parties? Typically, the prosecutor, defense attorney and judge will be speaking. The prosecutor will call some witnesses, who will be speaking. Do you consider then third parties? The defendant may testify if he wishes. The defendant may also call witnesses to tesify for him. If you are not called as a witness, you typically will not be saying anything. The fact that you are writing rather than conferring with the defendant's attorney either means the defendant has no attorney, or you and the attorney have a philosophical disagreement. That means you need to locate a new attorney, before you are standing outside of a prison somewhere protesting.

Answered By Lawrence Lewis -  Defense Attorney in Lawrenceville

Atlanta Drug Offenses Attorneys

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 Attorney in Buford Highway

Question: Can an eyewitness be called up to the stand, by the defendant, to testify anytime during the trial or does the eyewitness have to be registered with the court prior to trial in order to be able to testify during the trial?

Answer: The defendant is free to call a witness on his behalf in his case in chief. The defendant does not have the right to call a witness until the state completes its case. The defendant cannot call a witness that is not on his witness list, which must be filed at least five days before trial.

Answered By Lawrence Lewis - Criminal Defense Attorney in Buford Highway 

Lawrenceville Dui Lawyer

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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Criminal Defense Lawyer in Lawrenceville

Question: How long does deferred adjudification remain on your record in georgia?

Answer: A deferred adjudication means there is something more to come. If everything goes well, it is a dismissal. If everything goes not so well, it may be a conviction. The adjudication may not show on a criminal history, but the final disposition will show. 

Answered By Lawrence Lewis - Criminal Defense Lawyer in Lawrenceville

Burglary Defense Attorney

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

Violation of Probation Attorney Lawrenceville

Question: If you violate your first offenders status and the judge revokes it and gives you the maximum of time to serve can you appeal this and do you have to serve the entire sentence?

Answer: You can appeal a first offender violation of probation only to the extent that ypu can appeal a normal violation of probation decision. The reality is if a judge violates a defendant and gives him the maximum, the likelihood of winning at an appeal is extremely low. If the defendant is revoked and re-sentence to the maximum, the Dept. of pardon and Parole determines if the defendant will do all of the time or parole out. 

Answered By Lawrence Lewis - Violation of Probation Attorney Lawrenceville

Murder Defense Attorneys in Atlanta

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 Attorney in Cumming, GA

Question: will a dissmissal of a charge show up on a back ground search?

Answer: Yes, unless it is expunged.

Answered by Lawrence Lewis - Criminal Defense Attorney in Cumming, GA

Expungement - Criminal Defense Attorney Atlanta

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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Burglary Defense Attorney in Metro Atlanta

Question: What is the charge for breaking into a residence in Georgia without permission?

Answer: The charge is burglary.

Answered By Lawrence Lewis - Burglary Defense Attorney in Metro Atlanta

Trials

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.

Family Offenses Attorney in Lawrenceville

Question: What if the person i have to pay restitution to is dead, do I have to pay restitution?

Answer: Of course, you do. The decedent (dead person) has a family to whom the money or property would have been given had you not victimized the decedent. So, you must repay the money.

Answered By Lawrence Lewis - Family Offenses Attorney in Lawrenceville

Pre Trial Hearings

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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Felony Offenses Attorney in Lawrenceville

Criminal Defense Attorney in Atlanta

Question: How to do I appeal my case and get tried as a first offender?

Answer: An appeal means you have been convicted. You appeal the case my retaining an appellate attorney. You do not get tried as a first offender. If you get convicted, the judge has the discretion to sentence you as a first offender. If you have been convicted and the judge refused to sentence you as a first offender, there is no appeal to his decision to NOT sentence you as a first offender, IT IS TOTALLY up to the trial judge. 

Answered By Lawrence Lewis - Criminal Defense Attorney in Atlanta

Jury trials are a logistical nightmare

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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Criminal Defense Attorney in Lawrenceville

Theft Defense Attorney in Lawrenceville

Question: What is theft by taking and how would it have to be proved?

Answer: It is what is sounds like. The accused has taken something that does not belong to him without the owner/caretaker's consent (i.e. stealing). There are a myriad for ways to prove it. The owner can identify it, and explain he last saw it ten minutes ago inside of his car/boat or house. An eyewitness can testify that he saw the thief possess it, and the owner explains that he gave no one permission. The police can explain they saw the thief with the item.

Answered By Lawrence Lewis - Theft Defense Attorney in Lawrenceville

Arraignment - Criminal Defense Attorney

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.


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Criminal Defense Attorney in Duluth

Question: I was arrested at my home in Murray Co Ga for giving false report to police. A detective from Whitfield Co came to my house without assist from Murray Co. Is that legal? I thought when they were out of jurisdiction they had to have assist from the county they were going to make the arrest.

Answer: I don't understand the factual scenario. You were arrested in Murray Co. for giving a false report to whom, and when? A Whitfield Co. detective arrested you for giving a false report to a Whitfield Co. law enforcement officer? Is that right? Your question is can a Whitfield Co. officer arrest you for giving a Whitfield Co. police officer/detective a false report if you live in a county other than Whitfield. Of course, they can. Everyone knows the answer to that. As long as law enforcement have a valid warrant, they are not prohibited from leaving the county to execute that warrant.

Answered By Lawrence Lewis - Criminal Defense Attorney in Duluth

Bond Hearing Attorney

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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What charges must go before grand jury to be indicted?

Question: What charges must go before grand jury to be indicted?

Answer: Every charge has to go to a grand jury to be indicted, since only a grand jury does indictments. I am guessing that what you meant to ask and did not is must all criminal cases be indicted? The answer is no. Misdemeanors are charged by accusation and not indictment in most cases. And even with a felony, a defendant in some cases may waive indictment.

Misdemeanor Offense Attorney in Atlanta

Preliminary Hearing Attorney in Lawrenceville

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.


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Preliminary Hearing Attorney in Lawrenceville

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

What is First Appearance?

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


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Misdemeanor offense attorney in Lawrenceville

Experienced criminal defense attorney

Question: Son has charges of possession drugs and gun. House he just moved in was raided. he said it was not his. what can i do to help him?

Answer: You can retain an experienced criminal defense attorney for him.

Shoplifting misdemeanor Defense Attorney

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.

Shoplifting misdemeanor Defense Attorney