Criminal Defense Attorney in Duluth

Question: The property manger said she put out a disposition warrant out on the 18 of November I never received it because it had the wrong address and was placed on the wrong door. I went to her office on the 19 of November to pay my lot rent and late charges but she refuse to take it, because of the warrant Now it`s the 26 of November and I still have not gotten it yet.What should I do.

Answer: The property manager has a dispossessory, which means the court have given her permission to reclaim the property. The lease was broken when the rent was late. Let me repeat: The lease was broken when the rent was late. Therefore, the property manager can refuse to take your money in exchange for the property. I suspect the entire truth involves you being late on the rent in the past, because property managers do not put out good tenants in a tight economy. Let`s be for real.

Answered by Lawrence Lewis - Criminal Defense Attorney in Duluth

DUI Lawyer Cumming

Question: I was put on community service because I was unemployed and unable to pay my fines. Now that I have a job (third shift), I''m able to make the payments, but my PO refuses to put my back on the payment plan. Is she legally allowed to do this and if so, how do I get myself put back on to payments?

Answer: The PO cannot change the court order, but you can go back to the judge and explain why you need to continually change the conditions of your probation. Good luck.

Answered By Lawrence Lewis - Criminal Attorney Lawrenceville, DUI Lawyer Cumming

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.

FULL ARTICLE IS AVAILABLE AT

http://www.lawrencelewispc.com/pages.php?go=pinfo&PID=38

Expungement

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.

    O.C.G.A. § 35-3-37(d)(1) provides the best evidence of why a person should retain an experienced criminal attorney immediately.  If the attorney is able to convince the prosecutor that the charges were brought incorrectly, then the accused may get both a dismissal, and an expungement.

FULL ARTICLE IS AVAILABLE AT
http://www.lawrencelewispc.com/pages.php?go=pinfo&PID=96

DUI Lawyer Cumming

Question: I was put on community service because I was unemployed and unable to pay my fines. Now that I have a job (third shift), I'm able to make the payments, but my PO refuses to put my back on the payment plan. Is she legally allowed to do this and if so, how do I get myself put back on to payments?

Answer: The PO cannot change the court order, but you can go back to the judge and explain why you need to continually change the conditions of your probation. Good luck.

Answered By Lawrence Lewis - Criminal Attorney Lawrenceville, DUI Lawyer Cumming

Expungement - Criminal attorney

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.


CLICK HERE TO READ THE FULL ARTICLE


Main point to remember: A conviction will not be expunged, but an arrest can be expunged.  If you are the type of person that will not want an arrest to appear on his record, then you need to retain an experienced criminal attorney as soon as possible. 

The preliminary hearing

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.


 CLICK HERE TO READ THE FULL ARTICLE

 Criminal Defense Attorney in Lilburn

Recent Trials

CASE: State of Georgia v. Jerry Cantrell (10D-5746-5)

RESULT: (September, 2011) Four day jury trial on one count of Cruelty to Animals.  The jury deliberated for more than three hours, and returned verdict of NOT GUILTY.

FACTS: Client, who has loved horses all of his life, had an emaciated horse taken by Gwinnett County Animal Control.  The horse was extremely thin because the horse had an obstruction in his throat, which made it difficult to swallow food. Animal control nursed the orse back to health at a cost of about $2500, which the prosecutor thought was proof that my client was being intentionally cruel to the horse, despite the fact that my client was on a limited income of $600 a month.  In addition to the thin horse, animal control took three other horses,  which appeared fine.  Jury examined both the video and photos taken by Gwinnett County Animal Control before returning a unanimous NOT GUILTY verdict.  

Click here to read the full artickle

You don`t need to be a bad person to go to prison

The greatest misconception in America today is that you have to be a bad person to go to prison.  If I had a nickel for every client and potential client that I have met, who has exclaimed “I am not a bad person” I would be a very rich man today.  By bad they often mean evil, sinister, corrupt, and devoid of all empathy for other human beings.  Only recently have I figured out why clients uniformly proclaim their disassociation from this nefarious group of ubiquitous bad people. There are often two different rationales, depending upon the type of charge and the plea offer from the prosecutor.

 First, there are the folks that are facing prison sentences.  They deny they are bad people because they mistakenly believe that the prosecutor would only recommend a prison sentence to a bad person.  The thought goes something like this:

The prosecutor, being a reasonable and intelligent person, must know that prison is a scary, dangerous and violent place where no thoughtful and caring human being would ever be able to survive.  The prosecutor, knowing the dangers of such a place, would never recommend that a good, thoughtful, Christian/Buddhist/Jewish/other person like myself should live in such a place for an extended period of time – a place where surely my humanity and compassion will make me a target and victim.  So, the prosecutor must not know that I am a good person.  I need to reemphasize, even to the point of contacting the prosecutor while I am represented by counsel, that I am a good person, or at a minimum “I am not a bad person.”

CLICK HERE TO READ THE FULL ARTICLE

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.

Criminal defense attorney - violent crimes attorney

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: 

CLICK HERE TO READ THE FULL ARTICLE

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. 

Experienced criminal attorney - Expungement

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.  

CLICK HERE TO READ THE FULL ARTICLE

Criminal Defense Attorney in Lawrenceville

Three day jury trial on one count of aggravated stalking, two counts of cruelty to children and one count of family violence battery resulted in NOT GUILTY on all charges

CASE: State of Georgia v. Marcus McKenzie Cherry (10B-5431-8) 

RESULT: (June, 2011) Three day jury trial on one count of aggravated stalking, two counts of cruelty to children and one count of family violence battery resulted in NOT GUILTY on all charges. 

FACTS: Client meets an underage girl, who lies about her age and becomes infatuated with him, and his famous friends (recording artist Usher).  She has two children with client before she realizes that she will not be living the lifestyle of the rich and famous.  Being the gold digger that she is, she turns her attention to other potential suitors.  She selects her attorney-boss, and begins a relationship with him.  My client finds about his baby’s mama, whom he is living with, dating her boss, and confronts both of them.  Because the attorney-boss wants my client out of the picture, he has the “victim” take a TPO (temporary protection order) against my client.  Interestingly enough, the day after my client is arrested, the “victim” is seen driving around in her new C300 Mercedes, purchased by…You guessed it, the attorney-boss.  On February 15, 2010, which grandma (client’s mother) and the “victim” are exchanging the children, my client supposedly jumps out and punches victim in the face a number of time, right in front of the children.  The “victim” phones the police, who take photos of her injuries.  Client is arrested six months later.   

CLICK HERE TO READ THE FULL ARTICLE

Criminal Defense Attorney

Criminal Defense Attorney in Atlanta

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)

By Lawrence Lewis Criminal Defense Attorney in Atlanta

If a victim doesn't show up court date for a criminal case is the case dismissed by the judge ?

Question: If a victim doesn't show up court date for a criminal case is the case dismissed by the judge ?

Answer: The case would not be dismissed by the judge. The prosecutor would have to indicate that they cannot go forward, and either not move for a continuance or be denied the continuance by the judge. Then the defense attorney would move for a dismissal. In my 12 years as a defense attorney 50% of teh clients say the witness will not show up, less than 1% of the time the witness has not shown up, the other 99% of the time, client has received more jail time because they needed to see the victim in court before they pled guilty. Tricky game to play, the I must see the victim game.

Answered By Lawrence Lewis - Criminal Defense Attorney in Lawrenceville

My husband has an outstanding background according to the County Police Department.

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.

ANSWER:         Start here: Your husband has five convictions. Irrespective of whether he has five felony convictions, five misdemeanor convictions or a mix of both, he has five convictions. Therefore, few, if any judges, want to address correcting his NCIC (criminal history). No judge cares about removing from his record five arrests that were eventually dismissed, because your husband has five convictions.  By analogy, it is like coming home and finding that the dog has chewed on all of your shoes and pissed on the couch. You are mad. Then your neighbor explains that everyone`s house on the block except yours has been burglarized.  Are you grateful for the dog at that moment, or are you still mad about the shoes and the couch?  Your husband has prior arrests, where the system worked, and charges were dismissed.  Few judges are going to help you expunge his record of dismissed charges, because he has a hard time finding work, because the judge knows that your husband may have committed the charges but the prosecutor could not put the case together. The point is the system worked, just like the dog in protecting your house. However, the system is clearly imperfect, like the dog chewing your shoes, because if it were perfect (perfect prosecutor, perfect witnesses) your husband might have nine convictions. I suspect that the question stems from his inability to find a good paying job. However, it is not just the criminal history that is preventing him from getting a job, it is the attitude and behavior that leads to 12 of 15 arrests (remember some were not him) and five convictions that prevents him from finding meaningful work. I also suspect that because he cannot find meaningful work, you will not be able to afford the attorney that could clear up ten arrests that either were not your husband or were dismissed. I would charge about $ 25,000, because I would have to research every offense and pull fingerprint cards and police reports. It is crazy amount of work. I wish you the best of luck.

Answered By Lawrence Lewis - Criminal Defense Attorney

When can I get a criminal conviction expunged from my record?

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 - Criminal Defense Attorney in 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:

(5) Clients arrested for criminal offenses have poor judgment.  This should be no real surprise.  Some poor choice has led to the arrest.  Either the criminal client has elected to knowingly participate in criminal activity, OR associate with others who he knows frequently engage in criminal activity.  Either the criminal client has deliberately placed himself in a dangerous locale, OR has followed some friend to a den of iniquity.  I have yet to represent the honor student on his way home from chemistry lab that gets caught up in the drug raid.  I am sure some attorney has, just not me.  Irrespective of how the arrest occurred, the client often gave the officer arresting him plenty of reason to arrest him.

After he is arrested and assigned an attorney to represent him, the criminal client begins the relationship by referring to the court appointed attorney has a “public pretender” or “free lawyer”.  Only an insane person would think it is a good idea to insult the only person standing between the criminal client and a lengthy prison sentence, and justify the insult as a means of motivating the attorney to do more on his case than the next defendant. 

The public defender (aka court appointed attorney) is analogous to public transportation.  When you have no private automobile, the bus will get you there.  It will not pick you up at your door step, or drop you at the front door of your destination.  It may require you to wait before it arrives, and require that you stand during the trip.  It may take longer to get to your destination because other stops must be made.  However, it does get you to your destination, and it is much better than walking.  Similarly, the public defender knows the law, the judge and the prosecutor.  The public defender cannot spend any more time with the client than is necessary to communicate with the client.  The PD cannot be the criminal client’s friend, that is not his job.  If the client charged with a crime thinks the PD cannot properly represent him, if the PD does not get to know the client by spending five hours a week with the client, then the client has poor judgment, because the PD is fighting the charges, not the allegation that the client is a bad person, of low morale character. 

CLICK HERE TO READ THE FULL ARTICLE

Drug Offenses - Criminal Defense 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. 

CLICK HERE TO READ THE FULL ARTICLE

Criminal records expungement background checks

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.

ANSWER:         Start here: Your husband has five convictions. Irrespective of whether he has five felony convictions, five misdemeanor convictions or a mix of both, he has five convictions. Therefore, few, if any judges, want to address correcting his NCIC (criminal history). No judge cares about removing from his record five arrests that were eventually dismissed, because your husband has five convictions.  By analogy, it is like coming home and finding that the dog has chewed on all of your shoes and pissed on the couch. You are mad. Then your neighbor explains that everyone`s house on the block except yours has been burglarized.  Are you grateful for the dog at that moment, or are you still mad about the shoes and the couch?  Your husband has prior arrests, where the system worked, and charges were dismissed.  Few judges are going to help you expunge his record of dismissed charges, because he has a hard time finding work, because the judge knows that.....

Click here to read the full answer

Answered by Lawrence Lewis - Criminal Defense Lawyer - Criminal Defense Attorney