Defense Attorney in Lawrenceville

Question: Is it legal for a 3rd party to speak at a bond hearing?

Answer: Who are the first two parties? Typically, the prosecutor, defense attorney and judge will be speaking. The prosecutor will call some witnesses, who will be speaking. Do you consider then third parties? The defendant may testify if he wishes. The defendant may also call witnesses to tesify for him. If you are not called as a witness, you typically will not be saying anything. The fact that you are writing rather than conferring with the defendant's attorney either means the defendant has no attorney, or you and the attorney have a philosophical disagreement. That means you need to locate a new attorney, before you are standing outside of a prison somewhere protesting.

Answered By Lawrence Lewis -  Defense Attorney in Lawrenceville

Atlanta Drug Offenses Attorneys

Federal and state drug possession laws make it a crime to knowingly and willfully possess illegal controlled substances such as marijuana, methamphetamine, cocaine, LSD, and heroin. These laws also criminalize the possession of "precursor" chemicals used in drug cultivation and manufacturing, as well as certain accessories related to drug use.  Drug possession laws vary according to drug type and amount of the drug.  Possession of small quantities may be deemed “simple” possession (O.C.G.A. § 16-13-30(a)), while possession of larger amounts may result in a charge of possession with intent to distribute (O.C.G.A. § 16-13-30(b)) or trafficking (O.C.G.A. § 16-13-31). 

 

Drug crimes spring from a wide variety of fact patterns.  At Lawrence Lewis, P.C., we have represented people who have been accused of growing, selling, producing, importing, delivering, possessing and trafficking drugs.  The drugs involved in these cases have included cocaine, heroin, methamphetamine, ecstasy and marijuana.  In addition, in recent years, law enforcement and prosecutors have begun to rely on wire taps and other clandestine surveillance techniques to apprehend and prosecute individuals suspected of involvement in the drug trade.  The use of wire taps has added great complexity to the defense of individuals accused of drug offenses, and overwhelmed most novice criminal defense attorneys.  Few attorneys have handled as many wiretap cases as Lawrence Lewis.

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Criminal Defense Attorney in Buford Highway

Question: Can an eyewitness be called up to the stand, by the defendant, to testify anytime during the trial or does the eyewitness have to be registered with the court prior to trial in order to be able to testify during the trial?

Answer: The defendant is free to call a witness on his behalf in his case in chief. The defendant does not have the right to call a witness until the state completes its case. The defendant cannot call a witness that is not on his witness list, which must be filed at least five days before trial.

Answered By Lawrence Lewis - Criminal Defense Attorney in Buford Highway 

Lawrenceville Dui Lawyer

If you or a loved one has been arrested for Driving under the Influence (DUI), you need to retain an experienced DUI Lawyer.  Lawrence Lewis, P.C. provides a full-service approach to your DUI defense from the ALS hearing to protect your driving privileges, to the motions hearings and trial.  Hiring an experienced attorney early in your case is crucial to protecting your privilege to drive and increasing your chances of avoiding a DUI conviction.

In Georgia there are a number of ways to get arrested for DUI.  By statute, any person in physical control of any moving vehicle, can be arrested for being under the influence of: (1) alcohol, whether the person’s alcohol concentration is .08 grams or the person is just less safe; (2) controlled substances, like cocaine and marijuana; (3) prescription medication; (4) glue, aerosol or other toxic vapor; or (5) any combination of two or more of these substances.

After any DUI or DWI (driving while intoxicated) arrest in Georgia, there are actually two different types of cases pending against the driver:

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Criminal Defense Lawyer in Lawrenceville

Question: How long does deferred adjudification remain on your record in georgia?

Answer: A deferred adjudication means there is something more to come. If everything goes well, it is a dismissal. If everything goes not so well, it may be a conviction. The adjudication may not show on a criminal history, but the final disposition will show. 

Answered By Lawrence Lewis - Criminal Defense Lawyer in Lawrenceville

Burglary Defense Attorney

In Georgia, burglary is defined as entering the dwelling of another without authority with the intent to commit a felony or theft.  Intent to steal or commit a felony need not be formed at the precise moment of entry, but can be formed thereafter while the perpetrator is remaining on the premises. State v. Jones, 291 Ga. App. 296 (2008).  Although burglary is often regarded as a type of theft crime, Georgia recognizes that any non-theft felony (e.g. aggravated assault, aggravated stalking) can give rise to a burglary charge.  More importantly, it is not necessary to actually commit a theft or felony, in order to complete the crime of burglary.State v. Alexander, 279 Ga. App. 683 (2005).  As long at the intent in entering the premises is to commit a felony or theft, the burglary statute (O.C.G.A. § 16-7-1(a)) permits the prosecutor to seek an indictment for the offense of burglary.

            Unlike other states, forced entry is not an element in Georgia. State v. Gray, 291 Ga. App. 573 (2008).  Unlawful entry occurs when a person breaks the plane of the structure.  In other words, when a person passes over or through a window or door, without authority, and with the intent to commit a theft or felony, a burglary occurs. 


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 Burglary Defense Attorney

Violation of Probation Attorney Lawrenceville

Question: If you violate your first offenders status and the judge revokes it and gives you the maximum of time to serve can you appeal this and do you have to serve the entire sentence?

Answer: You can appeal a first offender violation of probation only to the extent that ypu can appeal a normal violation of probation decision. The reality is if a judge violates a defendant and gives him the maximum, the likelihood of winning at an appeal is extremely low. If the defendant is revoked and re-sentence to the maximum, the Dept. of pardon and Parole determines if the defendant will do all of the time or parole out. 

Answered By Lawrence Lewis - Violation of Probation Attorney Lawrenceville