Criminal Defense Attorney in Gwinnett County

Question: How long does it take for your conviction to come off your record after succesfully completing your probation from the first offender act?

Answer: A conviction is not coming off of your record. If you successfully complete 1st offender, you will not have a conviction, but the 1st offender discharge is not coming off of your record either. 

Answered By Lawrence Lewis - Criminal Defense Attorney in Gwinnett County

Criminal Defense Attorney in Gwinnett County

Question: If someone in the court is an onlooker while the jury is present yells out in court that the defendant is guilty what happens?

Answer: The judge would determine who the person is. If the person is with the defense, the person would be removed. If the person is with the prosecutor or victim, then the judge might entertain a motion for mistrial. It all depends.

Answered By Lawrence Lewis - Criminal Defense Attorney in Gwinnett County

Criminal Defense Attorney in Gwinnett County

Question: How long does it take for your conviction to come off your record after succesfully completing your probation from the first offender act?

Answer: A conviction is not coming off of your record. If you successfully complete 1st offender, you will not have a conviction, but the 1st offender discharge is not coming off of your record either. 

Answered By Lawrence Lewis - Criminal Defense Attorney in Gwinnett County

Criminal Defense Attorney in Gwinnett County

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.

Answered By Lawrence Lewis - Criminal Defense Attorney in Gwinnett County

Criminal Defense Attorney in Gwinnett County

Question: What age in georgia could the victim that was under the age of 16 be brought back to court?

Answer: The question is barely decipherable. I assume that you are asking about a statute of limitations where the victim is under the age of 16. The statute of limitations does not run on a crime against an under age victim until 7 years after the victim turns 18, which means when the victim turns about 15. The prosecutor can bring the victim or the case back to court anytime before that. 

Answered By Lawrence Lewis - Criminal Defense Attorney in Gwinnett County

Criminal Defense Attorney in Gwinnett County

Question: If someone in the court is an onlooker while the jury is present yells out in court that the defendant is guilty what happens?

Answer: The judge would determine who the person is. If the person is with the defense, the person would be removed. If the person is with the prosecutor or victim, then the judge might entertain a motion for mistrial. It all depends.

Answered By Lawrence Lewis - Criminal Defense Attorney in Gwinnett County

Bond Hearing - Criminal Defense Attorney in Gwinnett County

 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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Criminal Defense Attorney in Gwinnett County

If someone in the court is an onlooker while the jury is present yells out

Question: If someone in the court is an onlooker while the jury is present yells out in court that the defendant is guilty what happens?

Answer: The judge would determine who the person is. If the person is with the defense, the person would be removed. If the person is with the prosecutor or victim, then the judge might entertain a motion for mistrial. It all depends.

Answered By Lawrence Lewis - Criminal Defense Attorney in Gwinnett County