Criminal Defense Attorney in Atlanta

Question: How many times can a person be reindicted on the same charges?

Answer: If you asking the question correctly, the answer is twice. If the charges were dismissed at the preliminary hearing, and have not reappeared, that is not a re-indictment. 

Answered By Lawrence Lewis - Criminal Defense Attorney in Atlanta

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

Criminal Defense Lawyer in Lawrecenville

Question: My son and his girlfriend were attacked by a neighbor. There was a scuffle, my son was on the ground, due to being hit in back of head with a rock by attacker. His girlfriend hit the attacker in the back to get him off my son. Long story short, my son and his girlfriend were arrested and both charged with aggravated assault, and 3 counts of cruelty to children. (girlfriends children were in my son's car and attacker's child was with him). Due to my son already being on felony probation, they revoked 4 years of his probation. When he went to court for the assault charges, DA offered him 10/do 3, & pay $800 in medical expenses for the attacker, told him that was best he could do, if he didn't accept, it would go to state. For fear of it affecting him getting parole, my son, against my advice, took the offer. Now the girlfriend has gone to court and her charges were reduced to simple battery, all the child endangerment charges dropped, she has 12 months probation, no medical bills to pay. She advised me that she had picked up copy of police report and it states that medical attention was refused.

My questions: Is there any chance of getting my son's charges reduced due to girlfriends charges being reduced by DA, and why is my son required to pay $800 in medical bills when medical attention was refused? And, if so, which route should I take, talk to DA, Judge, or what? (As a foot note, I have been told, but no proof of, that the attacker is a known "narc" for this county.)

Thank you for you help.

Answer: Not likely that your son's charges will be reduced. The girlfriend's charges were reduced solely because your son ate the felony charges. Your son is required to pay medical bills, because there were medical bills. The fact that the victim refused medical treatment on the scene does not mean that he refused medical treatment 5 hours later or 2 days later. If you are going to take a route, consider retaining an attorney. The judge will not speak to you outside of the presence of the prosecutor. The prosecutor is happy with the resolution of the case because your son in scheduled to do the next few years in prison.

Answered By Lawrence Lewis - Criminal Defense Lawyer in Lawrecenville 

Shoplifting Defense Attorney in Lawrenceville

QUESTION:      

      I was charged with a theft by shoplifting misdemeanor, value of the items were13.33 and it was food taken because I didn’t have the money to pay for food and people in my dwelling including myself had nothing to eat. I was given the standard disposition 12 months’ probation, 40 hrs community service and a hefty fine, as well as spent 7 days in jail, I feel that this was an injustice, the time spent in jail was enough. I have no job and no car or reliable source of transportation there for making it difficult as well as a hardship to comply with these orders.  What can I do about this?  Can I appeal?  Also can I get a public defender for this? Please tell me what can I do?

ANSWER:         You can return to court and ask the judge to reconsider the sentence in its entirety (unlikely to work), or ask the judge to convert more of the fine to community service. You need to do as much community service as you can. Why do I think that? You told me. You are in a place where you don`t have $ 15 in your pocket for food. The people in your company do not have $ 15 for food. You do not have a car or a job. Therefore, you need to retrain your mind. You need to find employment, and a better group of people to keep your company. If you volunteer with Habitats for Humanity you will be introduced to people who can substantially improve your situation. First, you can get training on how to lay tile or hardwood, or learn plumbing work, and maybe even land a job. Second, you can get connected to folks that can help you find decent housing. Third, you will improve your company. OR you can continue down the road you are on, which will clearly result in a prison sentence, for something that you did not do.

There is no appeal to a guilty plea. You can ask the judge to withdraw the plea, but since you were in jail for 7 days before you entered the plea, I know that you were not drunk of high when you entered the plea. The judge will not appoint a public defender.

Shoplifting Defense Attorney in Lawrenceville

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

Do You Know What You Want?

On Sunday, October 23, 2011, I took my two young sons to see Marsha Ambrosia in concert at Center Stage in Atlanta.  I took them because I wanted them to: (1) see how excited people/fans can get about creative artists (not just ball players); and (2) be inspired in thinking about career choices that involve something other than a nine to five in a cubicle.  Despite the fact that my 6 year old fell asleep before Marsha completed her first song, my goal was realized.  However, in realizing my goal, I learned a great deal about myself and my law practice.

           

     We went to see Marsha Ambrosia in concert because I love Marsha Ambrosia.  I think she is a phenomenal talent.  She is creative, sassy and passionate.  However, the idea to attend a concert with my children was born the night I saw Anita Baker in concert at Chastain (an open air amphitheater seating more than 5,000) about seven or eight years ago.  Anita Baker had a pianist on the stage, along with a horn section and back-up singers, that ripped it up.  When I saw the pianist play, I thought I had to bring my children to see this.  I went to

  CLICK HERE TO READ THE FULL ARTICLE

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