Criminal Defense Attorney Lawrenceville

Question: If someone you know has fled the state because they got in trouble with the law for trying to have sex with a minor, and you tell police their new whereabouts, which are in Florida, and you tell the police their new phone number, can that person be found and go to jail in that state? Or, can nothing be done because they've fled the state?

Answer: The police only need to take a warrant, and then where ever the person is stopped he will be arrested and transported back to the state where the warrant was issued.

Answered By Lawrence Lewis - Criminal Defense Attorney 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.    Criminal Defense Attorney Lawrenceville, Felony Offense Attorney Norcross

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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Criminal Defense Attorney Lawrenceville, DUI Attorney Buford, DUI 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

Criminal Defense Attorney Lawrenceville

Question: If there is no audio, can a CI's (with criminal history) testimony along with the Investigator's Testimony of a controlled buy be enough to support a conviction beyond reasonable doubt? Is there any kind of grounds to a directed acquittal, or would this be something for the jury to decide?

Also are there any rules/Guidelines of how a controlled buy must be supervised (eg. Searched before/After, Watched entering the property.. stuff like that)

Answer: Yes. There are many grounds for a direct acquittal, which means that a jury has been selected and a skilled attorney has corss-examined the state's witnesses, and proven that there is not enough evidence to go to a jury. Do you have a skilled defense attorney? There are no statutory rules governing a controlled buy. Everything concerning the controlled buy would need to be argued to a jury. 

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

Plea Deals

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)

QUESTION:       My friend got arrested in GA with two charges: (1) criminal trespass; and (2) entering auto.  He broke a car window, took glasses, papers and teddy bear. How bad is this?  He has a public defender, any benefits by getting private defender?

ANSWER:         Any felony offense is a problem, and entering auto is a felony offense.  With no prior record though, he should get probation, with a fine and some community service. The real problem, which the public defender will never address (which most attorneys will not address) is: Why did your friend commit the offenses.  Without the answer to why, some other stupid sh#t (breaking into a vehicle to take a teddy bear qualifies as stupid sh#t) will occur, and he will be back in jail with a violation of probation. So it is just as important to understand why he did it, as it is to resolve it.

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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.

CLICK HERE TO READ THE FULL ARTICLE

License Suspension Lawyers, Misdemeanor Offenses Attorneys, Criminal Defense Attorney Lawrenceville

Criminal Defense Attorney Lawrenceville

Question: If someone you know has fled the state because they got in trouble with the law for trying to have sex with a minor, and you tell police their new whereabouts, which are in Florida, and you tell the police their new phone number, can that person be found and go to jail in that state? Or, can nothing be done because they've fled the state?

Answer: The police only need to take a warrant, and then where ever the person is stopped he will be arrested and transported back to the state where the warrant was issued.

Answered By Lawrence Lewis - Criminal Defense Attorney Lawrenceville

Criminal Defense Attorney Lawrenceville

Question: I had a vehicle that I financed and got behind on payments after losing my job. When the finanace company couldn't find the vehicle a warrant was placed out for my arrest for Security Interest. When I found out about the waranty two days later I turned the vehilce in and was told by a rep from the finance company that the warrrant would be recalled. I turned the vehicle in April 2, 2012 and was still arrested for the charge on May 31, 2012. When I spoke to the finance co they said that although I turned the vehilce in I still commited a crime and the warrant is still valid. I never knew it was a crime when I wasn't paying my car payment. I was maybe 3 mos behind if that and my intentions were to make the payment once I could. I bailed out of jail and have a court date on Aug. 3rd, 2012. Please advise!

Answer: It is clear from question that you think you are entitled to drve a vehicle that you are not currently paying for IF you really need that vehicle to drive and you have lost your job. However, that is not the law. You agreed to pay, you didn't pay and you continued to drive the vehicle, that is a crime. If you have no prior record, your attorney may be able to work out something less than a conviction. If you do have prior arrests (not convictions) then you might be stuck.

Answered By Lawrence Lewis - Criminal Defense Attorney 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 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.

CLICK HERE TO READ THE FULL ARTICLE

Criminal Defense Attorney Lawrenceville

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

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

Answered By Lawrence Lewis - Criminal Defense Attorney Lawrenceville

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.


Criminal Defense Attorney Lawrenceville