Traffic Attorneys Lawrenceville

Question: When do you get seized property back from traffic stop?

Answer: If the police do not intend to seize the property in forfeiture poroceedings, then as soon as the police intend to release it. What exactly are you looking to retrieve?

Answered By Lawrence Lewis - Traffic Attorneys Lawrenceville

Court Dates 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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DUI Attorneys Norcross, DUI Lawyers Lawrenceville

Theft Defense Attorneys Lawrenceville

Question: Can you be procecuted in two different counties for the same offense, if stolen property was brought was brought into neighboring county?

Answer: You can be prosecuted for theft by receiving stolen property in two different counties.

Answered By Lawrence Lewis - Theft Defense Attorneys Lawrenceville

Court Dates Calendar Call

Jury trials are a logistical nightmare.  The prosecutor must gather all of the state’s witnesses, each of whom has his own life, employment issues and childcare issues.  The defense must gather all of the defense witnesses, some of whom must come from outside of the state.  The judge, with the help of the bailiffs, must make sure all of the jurors appear in court to hear the testimony of all of the witnesses.  The court reporter must be present to take everything down.  So, she can create a transcript later.  The sheriff is present to provide security in the courtroom, and make sure anyone needed from the jail is transported.  If anyone is missing, everything grinds to a halt.  Jury trials are a logistical nightmare.

Because of the logistical demands of a jury trial, courts have created court dates known as calendar calls, where criminal cases are called to court, so all attorneys (prosecutors and defense attorneys) can announce if they are actually ready for a jury trial.  If the prosecutor or defense attorney is NOT ready to go to trial, the respectiveattorney must explain why he is not ready to go to trial, and when he might expect to be ready to go to trial.  Ifboth the prosecutor and defense attorney are ready for jury trial, the judge will either tell  both parties:  (1) report for jury trial on a date certain; or (2) they are on-call, which means they should be ready in the event that the cases which have actually been called in for trial resolve themselves short of jury trial.


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DUI Attorneys Lawrenceville, Traffic Lawyers Norcross 

Criminal Defense Attorney Norcross

Question: Is a prosecutors' office bound by the plea agreement made by an assistant prosecutor?

Answer: It depends. When it is accepted in a timely manner, without a counteroffer, yes.

Answered By Lawrence Lewis - Criminal Defense Lawyer, Criminal Defense Attorney Norcross

Court Dates Arraignment

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, Traffic Attorneys Atlanta

Probation Attorneys Lawrenceville

Question: Once someone pays restitution and the judge had agreed to early release of probation what steps have to be taken ? Is this something that the Probation Officer takes care or is it something the individual does?

Answer: Probation files the paperwork and takes care of the issue.

Answered By Lawrence Lewis - Probation Attorneys Lawrenceville

Bond Attorneys Lawrenceville

If the Magistrate Court judge cannot set a bond pursuant to O.C.G.A. 17-6-1 (charges that only a Superior Court judge can set bond on, include murder, rape, aggravated sodomy, armed robbery, hijacking a motor vehicle, aggravated child molestation, aggravated sexual battery, trafficking cocaine/heroin/meth/ecstasy, aggravated stalking), the defense attorney may file a bond motion, and request a bond hearing date before a Superior Court judge.  The Superior Court judge will conduct a pre-trial bond hearing, where judge will consider four factors:

(1)    Defendant’s criminal history, and the likelihood that he/she is a risk to commit additional felonies while on bond;

(2)    Defendant’s history of missing court dates, and the likelihood that he/she will flee from the jurisdiction of the court, or fail to appear in court when required;

(3)    Defendant’s character, and the likelihood that he/she poses a threat or danger to any person, to the community or to any property in the community; and

(4)    Defendant’s propensity for violence, and the likelihood that he/she will intimidate witnesses or otherwise obstruct the administration of justice.

If the judge sets a bond, it will be one of four types of bond:

(1) Recognizance bond (also known as “OR” bond, “ROR” bond or “signature” bond) is the defendant`s written promise to appear in court on the date set and abide by the terms set by the judge. No monetary pledge, cash deposit or security by property or professional bondsman is required.  This is the best type of bond, because it is sign and go.  It is the type of bond most automobile driver’s are granted after a traffic citation.  It is rarely granted on felony offenses.   

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Bond Attorneys Lawrenceville, Bond Lawyer Atlanta

Armed Robbery Attorneys

Question: My boyfriend has been arrested for armrobbery, two other guys has been locked up also but only one of the guys got out. My boyfriend and the other guy is still in there it will be a year he has been locked up. The two guy is saying he done the crime but the changed there story three time, the victim decribe a dark skin male, and slim bulit and my boyfriend is light skin and slim bulit. When we went to court they said the victim saw the peron face and they said it was my boyfriend. But my boyfriend have a big black bith mark in his but they never pointed it out they also don't have a gun or the line up what should I do?

Answer: You need to retain an attorney. Click here to find out how to find a good lawyer

Armed Robbery Attorneys, Armed Robbery Lawyers Lawrenceville

Preliminary Hearing Law

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.

        Although the defendant has the right to request a preliminary hearing, the defendant loses the right to the hearing if the state obtains a grand jury indictment before the hearing is held. Thus, in some cases the prosecutor may rush a case to the grand jury as a tactical move to deprive the defendant of the opportunity to have a probable cause hearing. There are also situations where a case may be presented to a grand jury before the defendant has been arrested for any crime, and he or she learns of the allegations for the first time after a grand jury has issued an indictment. In such a situation, the defendant has no right to a preliminary hearing.


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DUI Attorneys, Traffic Citation Attorneys Lawrenceville 

Criminal Defense Attorneys Norcross

Question: I have been out the states for three years, I found out that I have a warrant arrest back in the US. I am planning to return to the US next month. my question is what would happen to me at the airport when I get there?

Answer: No one can know the answer to that question. should the warrant pop up? yes. if it pops up should customs take you into custody? yes. what will actually happen? no one knows. You need to hire an  attorney

Criminal Defense Lawyers Atlanta, Criminal Defense Attorneys Norcross

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. 


DUI Attorneys Lawrenceville, Traffic Citation Attorneys Atlanta

Experienced Criminal Attorney

Question: Simple assult how to i get it expedited expunged. I want to get it off my record i wasnt charged but arrested it is hindering me getting a job and i cant even use my securrity clearance. allegedly someone says i hit them only so they could remove me from there home keeping my rent money i paid them.

Answer: Assuming the arrest was followed up with a dismissal, then you go to the arresting agency, pay $ 50 and then get the arrest expunged, IF there are no ohter convictions on your record. If the case is open and has yet to be prosecuted, there will be no expungement until the case is resolved. 

Answered By Lawrence Lewis - Experienced Criminal Attorney

Theft Defense Attorneys

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, Shoplifting Attorneys Lawrenceville

Family Attorneys Lawrenceville

Question: A couple that used their house as collateral on a bailsbond for their daughter has been divorced. The wife no longer has any claims to the house. Since the divorce the husband has died and through a survivorship left the entire house to his mother. The mother, now in possession, has sold the house to her grandson. Nothing has been done with the bailbond. What would be the best cause of action be for the original surviving owner of the house?

Answer: Who is the original surviving owner? The mother? Here is the reality, I don't know who was sold what when, but everyone laid claim to the house subject to the lien by the bondsman. good luck

By Lawrence Lewis - Family Attorneys Lawrenceville

Speedy trial demands

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

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

DUI Attorneys Lawrenceville, Traffic Citation Offenses

Theft Defense Lawyer Lawrenceville

Question: What charges can be brought on a person who steals $445 from his little league baseball team?

Answer:  Theft charges. More importantly, do you intend to retain the attorney to pursue the $ 445?

Answered By Lawrence Lewis - Theft Defense Attorneys, Theft Defense Lawyer Lawrenceville

DUI Lawyers Gwinnett County

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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dui Attorneys, DUI Lawyers Gwinnett County

Drug Offense Attorney Lawrenceville

Question: The Confidential Informant stated that it observed several people inside and outside the residence and that there was marijuana throughout the residence in plain view. For these reasons an other persons provision is requested. NO Knock Provision

....Does the fact that there were people or drugs present in a controlled buy justify a No Knock Warrant issued by the magistrate in Georgia?

Answer: This is a fascinating question for this reason. Let us assume that I vehemently maintain that the judge overstepped his discretion in signing a "no knock" warrant. What can you do with that information? Absolutely nothing. First, either there is no attorney on the case, in which case the law will not be argued by lay folks (i.e. non-lawyers). Or second, there is an attorney on the case and he/she does NOT know the law, which means my telling him/her the law is meaningless because he/she must still cite case law in order to defend his/her position.

Answered By Lawrence Lewis - Drug Offense Attorney Lawrenceville, Drug lawyers Lawrenceville

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.

By Lawrence Lewis - Criminal Defense Attorneys, Criminal Defense Lawyer Lawrenceville

Criminal Defense Lawyer Norcross

Question: I'm a georgia resident i had numerous charges in a few counties i turned myself in to these counties yes turned myself in all cases was resolved concurrent except the county i turned myself in.FULTON!!!!every county took care of their obligation ecxcept fulton this is the county i turned myself in got prison time and is out why why why is fulton back on my back trying ot send me to prison when i turned myself into them 2009

Answer: Fulton wants prison because of your criminal history and current serious offense. 

Answered By Lawrence Lewis - Criminal Defense Attorney Lawrenceville, Criminal Defense Lawyer Norcross

How do I select a good attorney?

If you are searching websites for an attorney to represent you in a criminal matter, personal injury case, worker's compensation case, medical malpractice case, divorce case, or even real estate transaction, then you either:

[ ] do not know you should have a trusted family attorney, or family friend, that practices law, refer you to an attorney that can address your legal problem; or

[ ] do not have a trusted family attorney, or family friend, that practices law.

If you have a trusted family attorney, or family friend, that practices law, then you should forsake your electronic search for an attorney, and rely on your family friend's legal acumen, experience and reputation in referring you to an attorney. 

First, attorneys respond to attorneys.  It is far easier to get an attorney to return another attorney's phone call.  Each attorney recognizes that the other is busy, and will explain the issue in the most succinct manner possible.  The referring attorney will probably not minimize the legal problem, or the possible alternatives.  Neither will the referring attorney give an exasperating explanation of the legal problem, only to end with, "by the way, they have no money."  If the referring attorney violates these aforementioned rules, he will soon find that his colleagues will not return his phone calls.

Second, a family friend that practices law should be able to spend more time with you, clarifying the legal and non-legal issues.  She should be frank with you about your role in creating the problem, and the realistic constraints that exist in the judicial arena.

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Criminal Defense Attorney, DUI Attorney Lawrenceville

Probation Violation Attorney

Questions: My husband is being detained at the Toombs County Jail, Lyons GA for a probation violation that restitution and fines have already been paid. He was originally arrested by Comer PD for a child support warrant that held a $500 payoff at which has been paid to Child Support Recovery in Elberton GA. The probation officer (not who handles his file as it was transfered closer to his residence) that visited him stated she was requesting he be detained until he could be transported to complete his sentence that was suspended by his original probation officer. He has been in Toombs County for now 11 days and hasnt even been provided with what violated his probation nor has he seen the judge that held scheduled court 4 days after he was booked and her next scheduled court is quickly approaching and he has been provided nothing. A probation was made mention to me recently however I dont have enough information to inquire about perhaps getting one for him as he is the sole care giver for his terminally ill grandmother. She doesnt have the extra funds to hire a care giver so we see after her however my job maintains very unpredicatble hours and I am unable to do what he normally does. Desperately seeking any information

Answer: What information are you seeking. I'm sure the probation officer did not arrest him for no reason. The probation officer will enumerate all of the reasons on the violation of probation petition. He has only been in jail for eleven days. In the next eleven days, you will see a petition and all of yoru questions will be answered. If you need to know before that retain an attorney and have him go to work to get the info from the probation officer. good luck. 

Answered By Lawrence Lewis Probation Violation Attorney, Probation Attorneys Lawrenceville

How do I select a good criminal defense attorney?

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.

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

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riminal Defense Attorneys Norcross

Question: My husband who is a licensed security guard was on duty and approched by an agressive pit bull. When the dog charged at him, he fired a warning shot into the ground in front of the dog. He did not aim at the dog on purpose. The city arrested him on discharging a fire arm in city limits, and endangering public safety. Shouldn't what he did fall under self defense? They now want to combine both charges and plead out to wreckless conduct. This will be on his record. Should he have let the dog bite him, or gone ahead and shot it?

Answer: Is your question meant to be rhetorical? Of course, he should not have allowed the dog to bite. That is not the issue. The issue is: Do you intend to retain an attorney to argue that to a jury, or will your husband take a plea, and whine about how the prosecutor should have dismissed the charges? That is the issue. click here to see how to find the right attorney

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

Potential clients seeking information about the criminal justice process often ask if I specialize in the exact offense with which they are charged.  Of course, no criminal defense attorney specializes in juvenile burglary cases, domestic violence between same sex partners cases, or grandparent child molestation cases.  The reality is there is probably not enough business in any particular area of criminal law to justify additional specialization beyond criminal defense.  I suspect this is true throughout the United States, with one exception: Driving Under the Influence (DUI). 

Driving under the influence (aka driving while intoxicated) is the one area where a number of attorney, especially young attorneys (i.e. graduated from law school in the last four years) choose to specialize.  I suspect there are a number of reasons for that: (1) there are a number of CLE (continuing legal education) classes that focus specifically on training attorneys to defend DUI classes; (2) attorneys that teach other attorneys how to defense DUI cases can justify fees charged for tuition by explaining the voluminous number of DUI arrests every month (DUI arrest numbers are monitored religiously, and that area of criminal defense is actively promoted); (3) DUIs represent the greatest number of police arrests every month, because in our culture “everything is better with alcohol;” (4) DUI clients come from every socio-economic group, and as such many can pay hefty fees for their DUI defense (unlike many criminal clients, DUI client have money to spend on their defense); and (5) unlike other clients, DUI clients are not folks who have had a great deal of contact with the justice system, so they are more anxious and frightened than the average criminal – a fact that the DUI attorney exploits to his advantage.  Irrespective of the reasons why, it is important to note there are more attorneys specializing in DUIs than in any other area of criminal defense.  Unfortunately, many of these DUI attorneys promote themselves as criminal defense attorneys, claiming that they can handle any type of misdemeanor, juvenile or felony case. 

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dui attorneys Atlanta, dui attorneys lawrenceville, dui lawyer Buford

Drug Defense Attorneys Atlanta

Question: Do i have the right to face the person in court tha planted drugs on me, then called the police and had me arrested?

Answer: Probably NOT. The police located drugs on you. Your defense is he/she planted drugs on you. Therefore, you must find, subpoena and call as a witness the person you claim planted drugs on you. I assume the drugs were planted on you, and you absolutely nothing about them, and have never been arrested for drugs before. Good luck

Answered By Lawrence Lewis - Drug Defense Attorneys Atlanta, Drug Lawyer Lawrenceville

Top Five Fights That Lead to Domestic Violence

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

Substance abuse, primarily alcohol consumption, dominates many fights that lead to domestic violence. Unfortunately, most sober spouses choose to confront the drinking spouse while the drinking spouse is under the influence of alcohol or drugs, which is the worse time to argue about the substance abuse.  If there is going to be any confrontation, the sober spouse should try and press the issue when neither spouse is under the influence of alcohol.  The typical scenario goes like this:

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Murder Defense Attorneys

Question: When does the statue of limitations on a death start? when the person is killed or the day a plea deal is reached in the state of Georgia?

Answer: Statute of limitations involves the period beyond which a case cannot be prosecuted. There is no statute of limitations on a murder case

Answered By Lawrence Lewis - Murder Defense Attorneys, Murder Defense Lawyer Lawrenceville

Can I trust my public defender?

Q: Can I trust my public defender?

A: MAYBE, it depends on your level of maturity.  There are a number of reasons the system does not work.

THE TOP FIVE REASONS THE PUBLIC DEFENDER SYSTEM DOES NOT WORK

When a criminal defendant indicates that he is unable to afford an attorney, the judge will often appoint an attorney.  This court appointed attorney represents the defendant at a minimal cost, often just the cost of appointment, which is currently fifty dollars ($50) in Georgia.  Irrespective of whether the indigent criminal defendant is represented by the public defender, court appointed counsel (private attorney that agrees to take court appointed work), or a conflict defender, the relationship is often strained, and the system fails to work.  There are a number of reasons the system does not work:

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Lawrence Lewis - Criminal Defense Attorney