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

First Appearance

The first appearance hearing normally occurs within forty-eight hours of an arrest.  It is the first court date after a person has been arrested for either a misdemeanor or felony offense.  The brief hearing normally takes place at the jail, where the person detained will be: (1) told his charges; (2) told his bond amount (if any); and (3) asked about representation. 

Theft Defense Attorney in Lawrenceville

Question: I found a pair of earnings in my floor after stepping on one of them. I told the person who I thought left them that I found them. She didn't even know she lost them. She came over the next day and still did not get them. Its been months since I talked or seen her. she showed up at my door today wanting them. I can not find them anywhere. Now She said if I didn't find them by tonight she would call the police. I have a 5 yr old son who touches and plays with anything he finds. They are not where I placed them. They could be lost again, vacuumed up, or thrown away. Its not my responsibility to keep up with stuff that someone leaves or loses at my home.i did not steal them, sell them, or give them away. Can I go to jail for something like this?

Answer: You can IF the police officer decides to file for a warrant. Because it has been months, the police will probably tell the victim to pursue you civilly. Good luck.

Answered by Lawrence Lewis - Theft Defense Attorney in Lawrenceville

Speedy trial demands

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.

Probation Violation Attorney in Lawrenceville

Question: What can you do to fight a probation violation charge?

Answer: You can retain an attorney, who will know how to proceed on a technical violation vs. a substantive violation.

Answered by Lawrence Lewis - Probation Violation Attorney in Lawrenceville

Criminal records/expungement/background checks

QUESTION:         When can I get a criminal conviction expunged from my

                           record?

ANSWER:      A felony criminal conviction, a misdemeanor criminal conviction, a 1^st offender disposition, a nolo plea, an Alford v. North Carolina plea, and a conditional discharge will not be expunged from your record.

QUESTION:    Does a felony violation of probation of first offender show up on a background check after the probation is finished?

ANSWER:      First, 1^st offender does not keep you out of jail/prison, or seal or expunge your criminal record. IF you successfully complete 1st offender, your GCIC (criminal record) will reveal your arrest charges, plea charges (if different from the arrest charges) and the disposition of your case (1st offender).  Second, if you violate probation while on 1st offender, and the judge determines (after a hearing) that you have violated your probation, the judge will adjudicate you and on that date you will have a conviction, which will certainly appear on your record.

QUESTION:      My husband has an outstanding background according to the County Police Department.  He had the opportunity to view his background from an attorney who emailed him 20 pages of criminal activity. Of those 20 pages only 5 were actual convictions. What are the necessary steps that we need to take in order to have all of the other fabricated incidents removed.  In our rights we are innocent until PROVEN guilty. What happens when 15 charges that have been dismissed are still appearing on every background that is conducted on him?  Are not those charges that were dropped supposed to be stricken from his record? Most of the incidents were not even arrested just charges. We do believe someone was also using his name in their criminal activity.

Do all arrests stay on one’s record?  And if so, how long?  Most importantly, it is not the arrests that he`s most concerned about, it is the charges that were dismissed and the activity that he has no knowledge of that makes him out to be monster.

 CLICK HERE TO READ THE ANSWER

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