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 in Lawrenceville

Question: I have absconded from probation on charges of misdemeanor possession of marijuana for almost fours years now, when I go to turn myself in what should I expect? It was my first offense and I am in the state of Georgia where said charges had occurred. My original sentence for my charges was one year probation and drug/alcohol abuse class.

Answer: You should expect to go to jail for the balance of your probation.

Answered by Lawrence Lewis - Drug Defense Attorney in Lawrenceville

Drug Defense Attorney in Georgia

Question: What is the law for smoking pot in a hotel room? Can management walk into the room and confiscate parafanila without guest present? And..Can management charge $200 for smoking in a non-smoking room?

Answer: Management can just walk in when you are smoking in a non-smoking room. Management can charge additional fee. Management can seize contraband and contact police.

Answered by Lawrence Lewis - Drug Defense Attorney in Georgia

Drug Defense Attorney in Lawrenceville

Question: I know someone who has been detained from crossing Canadian border trying to renter US no identification they have been going by a different name no work history that I know of. He has a warrant I guess from not appearing in court for having an ounce of weed in his home 20 years ago. I guess he has been in hiding since that time. What possibly could be his options

Answer: No intelligent lawyer would even guess at what is going to happen to him, because I am confident that he is not running around with an assumed name solely because of a misdemeanor marijuana charge from 20 years ago. When his fingerprints are run, all sorts of things are going to pop up. 

Answered by Lawrence Lewis - Drug Defense Attorney in Lawrenceville

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

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

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

Drug Defense Attorney in Lawrenceville

Question: Without my knowledge, and undercover team of drug cops followed my husband and I from a convenience store to the hardware store, pulled up beside us, and caught us completely off guard when they jumped out of the truck they were in and one came to each window. At that time, they asked us for our id's as another unmarked car pulled up behind us with 2 more men in it, and then the cop on my husbands side asked him what the bulge was in his pocket, let me see. It was a bottle of pills that weren't in his name, and he was arrested for possession sch 3 w/intent. After they took my hubby to jail, I asked him what made him stop me. He said "technically i didn't stop you, but you do have a brake light out and an expired tag, all i did was pull up beside you, but i followed you in here because you look like someone i'm looking for." my question is, since he didn't pull us over, did we have the right to say no you cant have my id and its none of your business whats in my pocket, or was it illegal search and seizure, because mistaking me for someone else isn't probable cause? I know my 4th amendment rights, and I'm protected from unreasonable police intrusions, and i know he was in our vehicle, the bottle was not visible from outside the car while in his pocket. Is mistaken identity considered probable cause or reasonable suspicion?

Answer:  First, you don't know your 4th amendment rights. Otherwise you would have handled the situation totally differently. Second, the police lied to you about you looking like someone else. You and your husband were stopped because they received info that you and/or your husband are involved in the distribution of drugs. However, the police did not want to tell you all of that on the road. So, he lied to you. SO, you can mull that lie over in your head a few thousand times. 

Answered by Lawrence Lewis  - Drug Defense Attorney in Lawrenceville