Drug Defense Attorney in Lawrenceville

Question: In the State of GA, there is a" 1st Offender Act" for a 1st time felony charge and a 1st time felony drug charge (O.C.G.A. 16-13-2 a,c). Is a Superior Court Judge permitted to use his discretion as to which drugs apply and don`t apply for a defendant asking for 1st offender treatment on a 1st time felony drug charge??

(A Superior Court Judge is said to have denied the 1st offender treatment O.C.G.A. 16-13-2 a,c- to any defendant that is charged with a 1st time felony drug charge for all other drugs EXCEPT marijuana in Henry Cty, GA) The other Henry Cty Superior Court Judges do not do this in their Court rooms with these types of cases- wouldn`t this be considered "discrimination" of some sort? This is WRONG. If anyone who is willing to take the challenge in finding an answer for this, could you please also cite the O.C.G.A. annotation(s) for this?? PLEASE? Thank You-

Answer: There is no challenge in the question. The judge has absolute discretion in granting or denying first offender, except the judge CANNOT establish a policy of never granted a particular class of offenses ineligible. So, there may be some appeal, IF you can meet the challenge of getting the money to retain an attorney. 

Answered by Lawrence Lewis - Drug Defense Attorney in Lawrenceville

Drug Defense 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, Drug Defense Attorney Lawrenceville

Drug Defense Attorney Lawrenceville

Question: My fiance was charged with intent to sell drugs and was given a reduced bond to get out of jail. How does a reduced bond work and what are the conditions of a reduced bond?

Answer:  A reduced bond works the same way as a regular bond, except the amount required to make the bond is less (therefore reduced) than it was before. Good luck.

Answered By Lawrence Lewis - Drug Defense Attorney Lawrenceville, Drug Offense Lawyer Gwinnett County

Drug Offense Attorney in Lawrenceville

Question: My brother was charged with trafficing meth. What can I do to help? He has a major problem. He is not a dealer.

Answer: Unless you plan to help him retain an attorney, there is nothing you can do, expect maybe put money on his books when he is incarcerated, and talk about how unfair the system is. If you intend to make any real impact, then you need to hire an attorney for him, and get real with yourself. Trafficking is 28 grams or more. Your brother is not injesting 28 grams or more at one sitting. If he is selling/delivering to support his habit, then he is a dealer.

Answered By Lawrence Lewis - Drug Offense Attorney in Lawrenceville

Drug Offenses Attorney Lawrenceville

Question: Do i have the right to face the person in court that 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 Offenses Attorney Lawrenceville, Drug Attorneys Atlanta

Drug Case Attorneys Lawrenceville

Question: What is the penalty in Georgia for selling class 4 drugs to an undercover officer?

Answer: Whatever the judge indicates the penalty will be. there are no class four in GA. I suspect that you mean schedule 4 drugs. The penalty for a sale will be harsher than a possession charge, and IF you sold to an undercover, I suspect that you may have been a target. You probably need an attorney.

Answered By Lawrence Lewis - Drug Case Attorneys Lawrenceville, Drug Attorneys Atlanta