First/Last Word On Bonds

When someone is charged with a new criminal offense, as opposed to a violation of probation or an ICE hold, a judge will typically set a bond.  The posting of the bond allows the person charged with a criminal offense to exit the jail and wait at home during the pendency of the case.  Because of the large number of individuals who choose not to address their addictions or desire for fast money or other dysfunctions in their relationships, it takes time for the person arrested on new criminal charges to have his/her case heard by a jury.  Bond allows the person able to make bond to continue with his/her life, work or family commitments while the case gets ready for jury trial.  IF it were possible to have a person arrested on a new criminal offense tried by a jury three days after arrest, there would be no need for bond hearings and posting bonds.

 Although the concepts of bonds and bail are used interchangeably, they are different things.  A bond is a contract.  It is a promise to do or not do something.  When an accused signs a bond before leaving the jail, he/she is typically posting something of value (i.e. property, cash), as a promise that he/she will return to court as directed AND will abide by the conditions of bond, which may include no alcohol, stay-away from a particular person, etc.  IF the person fails to appear in court as directed, the bond can be forfeited.  Conversely, bail represents a number.  It is the amount on the bond that a person must post in order to get out of jail during the pendency of the case.  There are many people in jail with bail.  They have a number which will allow them to get out of jail, but they are unable to post the property or cash or get a bondsman to assist them.

CLICK HERE TO READ THE FULL ARTICLE

Rape Defense Attorney in Lawrenceville

Question: I am trying to help a kid who has just made the worst decision anyone could make... he got caught having sex with his 14 year old girlfriend... he is 17... it was consensual but i know the age is a problem... they are both minors... is there anything we can do to help prevent him from being marked as a sexual offender for the rest of his life?

Answer: Your friend has committed a rape. Persons under 16 cannot consent to sex. Also, since he is 17 he will be prosecuted as an adult. He needs a good attorney ASAP. The 17 year old is not a minor in GA. The 14 year old cannot give consent.

Answered by Lawrence Lewis - Rape Defense Attorney in Lawrenceville

Three Games The Accused Does Not Want To Play With The Prosecutor

About four years ago, I was appointed to represent a fifteen year old juvenile charged as an adult with aggravated child molestation, which in Georgia carried a mandatory minimum sentence of life in prison, which meant that the juvenile defendant, IF he was found guilty, would have to serve thirty (30) years in prison before he was even eligible for parole.  The victim was his eight year old cousin.  The juvenile defendant had been interviewed by detectives, to whom he had made a full confession.  Recognizing the weight of the evidence, I explained to the juvenile’s mother and aunt that the best case scenario, given the confession, was to have the case transferred from the adult court to Juvenile Court, which would probably mean that the juvenile would face a straight five years in a Department of Juvenile Justice (DJJ) facility.  When mom burst out in tears after hearing about the five years, I knew we would go down the “games” road.  I thought she would breathe a sigh of relief at the five years of incarceration, considering I had just mentioned a mandatory minimum of thirty years in prison, just five minutes earlier.  When she was able to collect herself, her questions, reflecting the “games”, began. 

(1)    THE WHAT HAPPENS IF THE WITNESS DOES NOT SHOW UP GAME 

What happens IF the child/victim does not show up in court?  Although this question is typically asked in the context of a criminal offense involving a civilian victim (e.g. burglary, child molestation, aggravated assault, domestic violence, aggravated stalking, etc.), I have heard the question when the only witnesses are police officers (e.g. drug offenses, fleeing and attempting to elude, DUI, escape, etc.).  The simple answer: IF THE VICTIM OR WITNESS DOES NOT SHOWS UP, ALL OF THE CHARGES WILL BE DISMISSED.  The more complete answer: IN THE FOURTEEN YEARS I HAVE BEEN A DEFENSE ATTORNEY, ONLY A HANDFUL OF FELONIES HAVE BEEN DISMISSED BECAUSE THE WITNESS FAILED TO APPEAR IN COURT.  How many?  Maybe twenty (20) cases out of twenty-five hundred (2500) cases, which is less than one percent, which means you should not rely on the witness to fail to appear in court to make a decision on how you should proceed.

Click here to read the full article

Burglary Defense Attorney

Question: My son is in jail for burglary. They filed for Quick and speedy trail in January. We were under the impression that the law states 3 court terms or 6 months. Is this right?

Answer: It depends on the county that you are in. Terms of court defer county by county. In some counties the there are three four month terms and others there are six two month terms.

 

Answered by Lawrence Lewis - Burglary Defense Attorney

Armed Robbery Defense Attorney

In Georgia, robbery is defined as the taking of the property of another from the immediate presence of another, and is distinguished from other types of theft.  When Mr. X enters Ms. Y’s residence without her permission and removes her property without Ms. Y’s knowledge that is a burglary (O.C.G.A. § 16-7-1), not a robbery.  When Mr. X enters Ms. Y’s automobile without her permission and removes her property that is an entering auto (O.C.G.A. § 16-8-18), not a robbery.

CLICK HERE TO READ THE FULL ARTICLE

Felony Probation Attorney in Lawrenceville

Question: My girl friend is on felony probation. For a meth possession charge. She stopped reporting. An was arrested for it. She is now in jail an just received a letter from the DA. It says she will now have to go to a revaluation hearing. I have spoke to her PO an was told she would probably be offered a waiver. What does this mean? An is there anything I can do to help her?

Answer: First, she is going to a revocation hearing. Second, the only thing you can do is retain an attorney for her.

Answered by Lawrence Lewis - Felony Probation Attorney in Lawrenceville

PROTECTIVE ORDER HEARINGS – RESTRAINING ORDERS

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.

CLICK HERE TO READ THE FULL ARTICLE