Drug Defense Attorney in Lawrenceville

Question: Hello, I was recently arrested for a misdemeanor possession of marijuana, and a few weeks later I was then arrested for misdemeanor shoplifting.

I was wondering what I can do to make the best of this situation and what the outcome would be as far as sentencing will go since the trials are on separate days.

Answer: You can go to counseling to figure out why you are getting high and stealing stuff. The shoplifting case will be the most interesting, because most retailers have a ton of cameras capturing everything. SO, IF you insist on having a trial, and you are found guilty, you should expect to go to jail. Not long, but jail nonetheless. By the time you do time on the theft case, you may sober up for the marijuana trial. Good luck.

Answered by Lawrence Lewis - Drug Defense Attorney in Lawrenceville

Mental Health Problems

There are a myriad of mental health problems that unfortunately often lead to arrests for criminal offenses.  However, many of these problems do not have to result in lengthy periods of incarceration, as long as the accused can be properly diagnosed and medicated.  Here are the major mental health problems I have seen firsthand when assisting clients in resolving criminal arrests: 

DEPRESSION 

Depression is typically characterized by a depressed mood or irritable mood, and: 

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

BIPOLAR DISORDER 

Bipolar disorder is often diagnosed when one or more manic or mixed episodes, lasting at least one week, is accompanied by a major depressive episode.  The other symptoms are:

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Probation Attorney in Norcross

Question: I was given a year on state probation. I have 7 months left and i currently have a warrant out for my arrest. if i wait to turn myself in after I'm of probation cold they still legally hold me.

Answer: If you fail to report to probation, your probation stops running. So, when you finally turn yourself in, your probation will restart.

Answered by Lawrence Lewis - Probation Attorney in Norcross

Trial

TRIAL

             There are two types of trials: bench trials and jury trials.  The reasons for agreeing to a bench trial, where a judge sits as the jury, are so few that I won’t waste any time discussing them, but instead turn my attention jury trials.

JURY TRIALS

The defendant’s role is very significant in the trial of his case. As a defendant it is important to remember that you will be the center of attention. Everyone in the courtroom will be watching your movements, facial expressions, gestures and conduct.  Your role during the trial is to make the jury like you; to give them a reason to rule in your favor.  Many will agree that the trial of a case is not reality. It is a fantasy period in which the jury will perceive what the truth is; which may or may not be the same thing as the actual truth.  As such it is essential that you make the best impression possible upon the jury. You must leave them with feelings of honesty, trust worthiness, and goodness. You must be someone the jury wants to help. The following are areas you should consider in the presentation of yourself to the jury.

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Drug Defense Attorney in Atlanta

Question: I got pulled over with marijuana in the car. the officer said he saw me leave the spot and knows I have it so if I give it to him i wont go to jail. so I gave it to him, he kept my license and told me to get in my car and follow him to the precinct. once there, he asked me all my personal information and had me sign the card he was writing all my info on. so then he proceeds to tell me that instead of going to jail, I'm gonna work it off with them. meaning they want me to set this guy up, that i need to call the next day at 2 pm and they will tell me what to do from there. since they let me go back home, if i decide to NOT cooperate with them, what actions can they legally take against me?

Answer: They can lock you up for marijuana possession. Then you make bond, retain an attorney and fight the case in court.

Answered by Lawrence Lewis - Drug Defense Attorney in Atlanta

Calendar Call

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

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

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Sex Crime Attorney Lawrenceville

Question: I'm 21 and my girlfriend is 16 and pregnant. I read in the state of GA the age of consent is 16 and both parents are approving of me, would I still get charged of statutory rape?

Answer: 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.  Click here to continue reading about Sex Offenses

Bond Hearing

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

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

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

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

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

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Drug Defense Attorney in Lawrenceville

Question: My boyfriend was living with his brother in law and sister in Georgia. The brother in law sold drugs to an under cover cop. The house was searched and found in a safe, was my boyfriend's medication from his wreck. The bottle with his name on it was in the safe, and pills were distributed in bags, (trafficking). Also, I believe a pretty fair amount of marijuana was in the safe. However, my boyfriend didn't even know the combination to the safe, and was not the one selling. After the house was searched he was told he was free to go so he went to Florida to stay with another family member. Later he found out he had warrants for his arrest in Georgia for this incident. How much time is he looking at?

Answer: Depends on what he was charged with. I suspect that all the contents of the safe will be charged to him.

Answered by Lawrence Lewis - Drug Defense Attorney in Lawrenceville

First Appearance

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

Theft Defense Attorney in Lawrenceville

Question: I found a pair of earnings in my floor after stepping on one of them. I told the person who I thought left them that I found them. She didn't even know she lost them. She came over the next day and still did not get them. Its been months since I talked or seen her. she showed up at my door today wanting them. I can not find them anywhere. Now She said if I didn't find them by tonight she would call the police. I have a 5 yr old son who touches and plays with anything he finds. They are not where I placed them. They could be lost again, vacuumed up, or thrown away. Its not my responsibility to keep up with stuff that someone leaves or loses at my home.i did not steal them, sell them, or give them away. Can I go to jail for something like this?

Answer: You can IF the police officer decides to file for a warrant. Because it has been months, the police will probably tell the victim to pursue you civilly. Good luck.

Answered by Lawrence Lewis - Theft Defense Attorney in 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.

Probation Violation Attorney in Lawrenceville

Question: What can you do to fight a probation violation charge?

Answer: You can retain an attorney, who will know how to proceed on a technical violation vs. a substantive violation.

Answered by Lawrence Lewis - Probation Violation Attorney in Lawrenceville

Criminal records/expungement/background checks

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.

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.

QUESTION:      My husband has an outstanding background according to the County Police Department.  He had the opportunity to view his background from an attorney who emailed him 20 pages of criminal activity. Of those 20 pages only 5 were actual convictions. What are the necessary steps that we need to take in order to have all of the other fabricated incidents removed.  In our rights we are innocent until PROVEN guilty. What happens when 15 charges that have been dismissed are still appearing on every background that is conducted on him?  Are not those charges that were dropped supposed to be stricken from his record? Most of the incidents were not even arrested just charges. We do believe someone was also using his name in their criminal activity.

Do all arrests stay on one’s record?  And if so, how long?  Most importantly, it is not the arrests that he`s most concerned about, it is the charges that were dismissed and the activity that he has no knowledge of that makes him out to be monster.

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