Felony Offense Lawyer

Question: My son was in a alcohol and drug rehab facility and then went to an outpatient facility that they had for extended care. He had been doing well and over the christmas holidays he had asked to have a weekend pass over New Year''s to come home and go with us to a bowl game. They denied his request. It had been his first year ever away from us at the holidays. Long story short, he went out and got drunk plus was given some pills. He and another member at the facility went to the mall and since Sanford was pretty much out of it he went into a video store and took some games and candy even when he had money in his wallet. The merchandise was taken back before they arrested him. He woke up the next day in jail not knowing what he had done. His counselor bailed him out and we hired him a lawyer. The amount of merchandise was approximately $300 because of the candy. The lawyer told us that he was going to ask for some kind of deal where if Sanford completed everything he would not have felony on his record. We had no idea that this was a possibility until they said they had lowered the limit to $300. I was there when he talked to the lawyer and at the hearing and we both we thought we understood everything. He has been working for four years, gotten married, and gone back to school. They were thinking about moving because he works for Sea Island as a caddy and they had an opening at Reynolds plantation but it came up that there was a felony on his record. His probation was transferred to Brunswick when he got a job down there. He thought everything was OK. He has really made a change in his life. Unfortunately, we can not get in touch with his lawyer who did this work. He was an older gentleman at the time and he has called and called, sent e-mails, etc. Our question is what are the options for him to see if he can get this erased or dropped to a misdemeanor since he and I were under the impression that is what would happen.. He just turned 27 and has about worried himself to death about this. Should he hire another lawyer or contact the courts. His original probation officer in Statesboro has retired so there is no one that is real familiar with his case.

Answer: He is going to have to hire an attorney. He may be able to have the plea withdrawn if the plea is less than four years old. If it is more than 4 years old, he might be out of luck.

Answered By Lawrence Lewis - Criminal Defense Attorney - Felony Offense Lawyer -  Bond Hearing Attorney

Calendar Call - Court dates

Jury trials are a logistical nightmare.  The prosecutor must gather all of the state’s witnesses, each of whom has his own life, employment issues and childcare issues.  The defense must gather all of the defense witnesses, some of whom must come from outside of the state.  The judge, with the help of the bailiffs, must make sure all of the jurors appear in court to hear the testimony of all of the witnesses.  The court reporter must be present to take everything down.  So, she can create a transcript later.  The sheriff is present to provide security in the courtroom, and make sure anyone needed from the jail is transported.  If anyone is missing, everything grinds to a halt.  Jury trials are a logistical nightmare.

Because of the logistical demands of a jury trial, courts have created court dates known as calendar calls, where criminal cases are called to court, so all attorneys (prosecutors and defense attorneys) can announce if they are actually ready for a jury trial.  If the prosecutor or defense attorney is NOT ready to go to trial, the respectiveattorney must explain why he is not ready to go to trial, and when he might expect to be ready to go to trial.  Ifboth the prosecutor and defense attorney are ready for jury trial, the judge will either tell  both parties:  (1) report for jury trial on a date certain; or (2) they are on-call, which means they should be ready in the event that the cases which have actually been called in for trial resolve themselves short of jury trial.
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Drug Defense Attorney Lawrenceville

Question: Can the court system in Georgia issue a drug screen on somebody with a pending charge for possession of marijuana before the posted court date?

Answer: Yes, if the "somebody" has any type of pre-trial bond progarm. I recommend that you retain an attorney.

Answered by Lawrence Lewis - Drug Defense Attorney Lawrenceville, Drug Offense Lawyer Atlanta

Bond Hearing

If the Magistrate Court judge cannot set a bond pursuant to O.C.G.A. 17-6-1 (charges that only a Superior Court judge can set bond on, include murder, rape, aggravated sodomy, armed robbery, hijacking a motor vehicle, aggravated child molestation, aggravated sexual battery, trafficking cocaine/heroin/meth/ecstasy, aggravated stalking), the defense attorney may file a bond motion, and request a bond hearing date before a Superior Court judge.  The Superior Court judge will conduct a pre-trial bond hearing, where judge will consider four factors:

(1)    Defendant’s criminal history, and the likelihood that he/she is a risk to commit additional felonies while on bond;

(2)    Defendant’s history of missing court dates, and the likelihood that he/she will flee from the jurisdiction of the court, or fail to appear in court when required;

(3)    Defendant’s character, and the likelihood that he/she poses a threat or danger to any person, to the community or to any property in the community; and

(4)    Defendant’s propensity for violence, and the likelihood that he/she will intimidate witnesses or otherwise obstruct the administration of justice.

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Felony Defense Attorney in Lawrenceville

Question: In the state of Georgia, Carroll County how can you be charge with convicted felony with possession of firearm and there''s no gun?

Answer: (1) Someone sees you with a gun

(2) You text a photo of you and a gun

(3) You brag to someone at a bar about possessing a gun

(4) Someone sees a gun inside of your home

(5) 100 other ways.

Answered by Lawrence Lewis - Felony 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.    

ShoShoplifting Attorney Gwinnett County

Question: I was with a minor that was shoptlifting. I didn''t know she was shoplifting. I was picking out clothes for her and she was trying on stuff and I was holding her purse for her as well as mine. We switched purses mistakigly and she ended up putting things in her purse as well as mine. We walked out the store and were stopped the man said he saw her putting stuff under her dress. They are charging me with shoplifting and I have to go to court what should I plea?

Answer: You should plead guilty for being clueless: (1) no prosecutor or judge is going to believe that you are in a store with a shoplifter, and you don''t know anything about it, and are being used to assist in the shoplifting; (2) no attorney shoudl believe that is what occurred; and (3) IF it did occur, you have the worse judgment in friend selection. You cannot plead not guilty, because you cannot try the case yourself. You cannot plead not guilty because you do not intend to retain an attorney. You cannot plead not guilty, because you have no intention of telling your public defender the truth. So, plead guilty, get probation and explain ti to your future employers why you have a shoplifting conviction. Good Luck.

Answered by Lawrence Lewis - Theft Defense Attorney in Lawrenceville