Family Violence Attorney Lawrenceville

Family violence, also known as Domestic violence, refers to physical harm inflicted on one member of a household or family, by another member of the same household or family (usually between spouses). Domestic violence, sometimes called spousal abuse when it involves a husband and wife, usually involves repetitive physical and psychological abuse, and a "cycle of violence".  Specific crimes charged vary based on: (1) the severity of the victim`s injuries; (2) whether a minor was present; and (3) whether a protective or restraining order was in place at the time of the violence.

First, the severity of the victim’s injury will determine whether the police and/or prosecutor will charge the accused with simple battery, aggravated assault and/or aggravated battery.  Second, if a minor was present to witness the domestic violence, there will certainly be a charge of Cruelty to Children put upon the accused, for allowing the child to witness the violence.  Third, if there is a protective order in place when the domestic violence occurs, the accused will probably be charged with Aggravated Stalking, which requires a Superior Court judge to set bond.

When an officer is called to a scene due to an alleged family violence incident, 99% of the time, someone is taken to jail.  The person who contacts the police is called the Complaining Witness in a case.  The complaining witness, who might not be the victim, is usually the prosecutor’s main and only witness.  At the time of the arrest, the responding officer may take both a written statement from the victim and photographs of all of the victim’s injuries, which can be used as evidence in the case.  In addition, the 9-1-1 tape can be used as evidence by the prosecutor to establish the emotional state of the complainant.

FULL ARTICLE IS AVAILABLE AT

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Traffic Citation Attorney Atlanta

Question: OK, I was pulled over in north GA for a tag light out, as the officer approached my car he he said "I pulled you over because you have a tag light out" he then asked me if he could search my car. He quickly explained that he liked to pull people over whether the were doing anything or not and see if he could have a look around. I told him I was not comfortable with him searching my car as it was trashed, to which he replied "I can bring out the dog if I need to(he was a k-9 officer). Now I will say I was wrong to have a beer open that had spilled in my floorboard. The officer changed the subject to where I was going etc. I began to tell him, and halfway through my explanation, when the officer asked why he smelled beer. I told him about the beer(of which I had taken literally two sips of, I even asked three times for a breathalyzer test. As I got to the back of the car, a second officer put me up against my car and informed me he was going to check me for weapons, he patted me down and began going through my pockets. He pulled out a collapsible pipe that was smaller then a lighter, wasn't weapon shaped or even by feel identifiable as even a pipe. The k-9 officer held it up and said " now I'm going to search your car, if you are honest with me and tell me about anything you have maybe ill go easy on you. So rather then let him rip my car apart, I told him there was about a gram of weed in the drivers door. I was cuffed, strip searched at the jail, and stuck in the drunk tank with no bedding for 3 hours starting at midnight. Now I've read lots of conflicting things online, most say they cant reach in your pocket unless they feel a weapon, and I also read that they cant use illegally gained evidence to get other evidence. I feel I screwed myself telling him, I don't smoke in my car for just this reason, and had I not been in the middle of moving wouldn't have even had the stuff on me. I'm 34 with no priors, is there any way to avoid a charge for possession? Did they toe the legal line? I get sick at my stomach every time I think about how I was treated for a few sips of a beer . I mean its a small town, and I had a flat billed NY Yankee hat on, but I wasn't doing anything to warrant searching etc. is there anything I can do? Or, if not, whats your advice?

Answer: You created all of this drama. You had marijuana in the vehicle, pipe in your pocket and drinking beer (oh, sorry sipping) in the vehicle, and now you want to play victim. As long as the tag light is out, the officer can legally stop you. Once he stops you, the officer can legally inquire about a search. The law allows for pretextual stops. The officer can ask you to step out of the vehicle, and can pat you down for his safety. Once the officer feels a weapon or drug paraphernalia (plain feel law), he can reach into your pocket and pull the item out. While you maintain that it is not easy to discern that it is a pipe, the officer at the motion to suppress will testify that as soon as he felt it he knew it was a pipe. If the pipe had any residue, then the officer has power to arrest you, and search the vehicle. You told him where the marijuana was. So, that is the end of the story. Now you choose whether to retain an attorney or not, because you cannot argue the motion, because you do not know what you are doing. Click here for info on retaining the right attorney. 

Answered by Lawrence Lewis - Traffic Citation Attorney Atlanta, Drug Defense Lawyer in Lawrenceville 

Protective Order Hearings Lawyers

PROTECTIVE ORDER HEARINGS – RESTRAINING ORDERS

 If you have been served with a temporary restraining order and wish to contest the allegations of domestic violence or stalking, then you have come to the right place. The attorneys at Lawrence Lewis P.C. represent respondents who wish to contest a petition for a domestic violence, repeat violence or dating violence injunction.

We represent men and women served with a temporary restraining order in Gwinnett County, GA, or the surrounding counties of DeKalb County, Fulton County, Hall County, Rockdale County, Cherokee County, Cobb County, Forsyth County or Douglas County.

At Lawrence Lewis, P.C., our attorneys thoroughly investigate the allegations made by the petitioner.  Although these hearings take place on an emergency basis, you are entitled to have an attorney that is completely prepared for the hearing. We take the following actions in a restraining order case:

1. At the upcoming scheduled hearing we may request a continuance so that we can confer with the petitioner, subpoena any witnesses to the events, and investigate the prior difficulties between the parties to show whether the claims are false or exaggerated.

FULL ARTICLE IS AVAILABLE AT

http://www.lawrencelewispc.com/pages.php?go=pinfo&PID=40

Keyword: Protective Order Hearings Lawyers, Restraining Orders Attorney

Identity Fraud Attorney Lawrenceville

Question: What happens if someone else uses your property for bond without your knowledge?

Answer: Someone must use your name, which is a crime. Click here to read identity fraud crime. 

Answered by Lawrence Lewis - Identity Fraud Attorney Lawrenceville

Violation of probation attorney

If you are currently on misdemeanor or felony probation, and you believe that your probation officer is going to accuse you of violating your probation, you need to contact an experienced violation of probation attorney to assist you.  Lawrence Lewis is ready to defend you in the violation of probation case filed in the greater metropolitan Atlanta area.  Contact us today to schedule an appointment, and learn all of the things you may need to do right now to protect yourself against the allegation.

Avoid the Typical Result in a Georgia VOP Case

Typically, after the Georgia probation officer makes an allegation of violation of probation, the judge will sign a warrant for your arrest. The arrest warrant for a violation of probation (VOP) usually has a "no bond" provision, meaning that unless you retain an attorney to resolve your case quickly or obtain a bond, you may be sitting in jail for weeks or months until your probation violation case is heard in court and/or resolved.

As a result, it is common for people who believe they will be arrested for violation of probation to stop reporting to their probation officer. However, failing to report to your probation only makes the matter worse, insofar as the probation officer has the right to add additional violations (e.g. failing to report to probation, failing to keep probation officer informed of your current address, failing to pay fines/fees, etc.).  If the judge knows that you failed to report, the judge may be less inclined to give you another chance at successfully completing your probation when you are eventually picked up on the VOP warrant and brought before the judge.

FULL ARTICLE IS AVAILABLE AT

http://www.lawrencelewispc.com/pages.php?go=pinfo&PID=42

Criminal Defense Attorney in Atlanta

Question: My fiance and I were charged with  misdemeanor animal cruelty charges, because one of our dogs buckets wasn't clean enough, one dog has used the bathroom in his kennel and we hadn't had time to clean it that morning and when he spilled his water it made it look as if it hadn't been cleaned in days, we had one dog who we told them had health problems and wasn't in the best condition, but because we didn't take her to the vet, we were treating her at home, they said it was animal cruelty. The party who pressed charges against, I personally have negative history with. The judge basically looked over their evidence and judged us by what they had to say and didn't believe anything we said. We were both given a 1000 fine, 1 yr on probation, and 30 days jail time, which we have to do 8 days a month for 4 months. The jail time is causing a hardship on my job and with my children. Our public defender had us enter a blind plea under nolo contender. Am I able to appeal the jail time or ask for other arrangements?

Answer: You entered a plea and were found guilty. You can file a motion to modify sentence and ask for a modification of the sentence. However, there is no appeal to the sentence after a guilty plea. Good luck.

Answered by Lawrence Lewis - Criminal Defense Attorney in Atlanta

Sex offense defense lawyer

People charged with sexual assault or child sex offenses face hostile prosecutors and harsh public opinion.  Most people, even some criminal defense attorneys, are only too willing to believe the worst about those accused of sex offenses.  Our firm knows that not all people accused of sex offenses are in fact guilty of the charges.  We believe that those facing such grave charges deserve the best possible defense and representation. 

            At Lawrence Lewis, P.C. we recognize that a conviction for a sex crime will almost certainly result in prison time, lifetime registration as a sex offender, and a permanently destroyed reputation.  In 2006, sex offender laws were overhauled in Georgia, and four (4) sexual offenses were modified to require a mandatory minimum life in prison, which means thirty years in prison before the convicted person is considered for parole.  These include:

(1)   Rape (O.C.G.A. § 16-6-1), which is defined as any penetration of the female sex organ by the male sex organ, forcibly and against the female’s will;

FULL ARTICLE IS AVAILABLE AT
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If you have been charged with a sex offense and you would like to speak with a qualified criminal defense attorney, call an experienced sex offense defense lawyer or attorney at Lawrence Lewis, P.C. today at (678) 407-9300.