Rape Defense Attorney Lawrenceville

Question: I was raped by someone that i know and they claims to be my friend so i know who he is and he knows where i hang out. This happened two weeks ago and im afraid that since i didn''t go get tested with a rape kit and he doesn''t incriminate himself during questioning or admit to rapping me that the case will just be dropped and they he will be out to try and hurt or even kill me for trying to press charges. What should/can I do to get justice served on my behalf without having to run from him and not go out until i move out of the state of Georgia?

Answer: How can the case be dropped when you never reported the incident and no decision has been made to arrest or jail him? Without you reporting the offense to the police, the police, prosecutor, judge and/or courts will never be involved. No one knows what you should do,because you have too many condition precedents on what you want. You want justice, but you don''t want him arrested if he is going to be let out of jail. You want justice, but you don''t want to run before you move out of the state of GA. I cannot that the police will take your case more seriously the more time goes by between the incident and the arrest. 

Answered By Lawrence Lewis - Rape Defense Attorney Lawrenceville, Sex Offense Lawyer Atlanta

Hire Violent Crime Attorney in Lawrenceville

A violent crime is a criminal offense that is committed with the use of violence, or with threats of violence.  When a person commits a violent crime, the violence is usually just a means to an end.  In recent years, violent crimes have escalated in the state of Georgia, especially amongst the adolescent, male demographic.  In hopes of decreasing instances of violent crimes, law enforcement and legislation has become very strict when dealing with violent crime offenders.  People who are convicted of committing a violent crime should expect to spend substantial time in prison, in addition to paying fines, paying restitution and performing community service.  For these reasons, it is very important to consult a violent crimes lawyer when facing criminal charges involving violence.   

The violent crimes defense attorneys and lawyers at Lawrence Lewis, P.C. are dedicated to defending clients who have been arrested for or charged with any type of violent crime in or around the metro-Atlanta area.  According to the law, numerous illegal acts are categorized as violent crimes in the state of Georgia: 

• Armed Robbery (see Armed Robbery page)

• Arson

• Aggravated Assault

• Aggravated Child Molestation (see Sexual Offenses page)   

• Kidnapping 

• Rape (see Sexual Offenses page) 

• Voluntary Manslaughter (see Murder – Homicide page) 

• Murder (see Murder – Homicide page)  

Because many of the aforementioned violent crimes are so important that they are addressed individually on other pages on the website, we will limit this discussion to two violent crimes: Aggravated Assault and Kidnapping. 

CLICK HERE TO READ THE FULL ARTICLE

Criminal Defense Lawyer Atlanta

Question: My son is being charged with terroristic threats by his school but it has been over a month and we havent heard of a court date or anything... how long do they have to get him infront of a judge? And can he be charged with this crime just from pictures of weapons on his phone?

Answer: I don''t know where the charges stand. Was he detained as a juvenile (under 17 years old) and released to his parents pending trial, or was he arrested as an adult, and is waiting to go back to court? Has a warrant been taken yet? In regards to the photo, the photo by itself is typically not terroristic threats.

Answered By Lawrence Lewis - Criminal Defense Lawyer Atlanta

Traffic Attorney in Lawrenceville

O.C.G.A. § 40-5-20(a) states that no person shall drive any motor vehicle upon a highway in this state unless such person has a valid driver’s license.  Any person who is a resident of Georgia for 30 days must obtain a Georgia’s driver’s license before operating a motor vehicle in this state.  Every licensee shall have his license in his immediate possession at all times when operating a motor vehicle, and shall display the license upon the demand of an officer.  

    The driver with a valid driver’s license may be cited for a multitude of traffic offenses, ranging from speeding, and/or failure to maintain lane, to vehicular homicide.  It is unrealistic to try and address all of the possible traffic offenses here.  So, we will address the most frequent traffic offenses by age group.  

Click here to hire Traffic Attorney in Lawrenceville

Sexual Defense Attorney in Lawrenceville

Question: What is the time statute limitation in Georgia if an adult send sexual material to a minor through the internet?

Answer: Either 4 or 7 years.

Answered by Lawrence Lewis - Sexual Defense Attorney in Lawrenceville

Trial

TRIAL

             There are two types of trials: bench trials and jury trials.  The reasons for agreeing to a bench trial, where a judge sits as the jury, are so few that I won’t waste any time discussing them, but instead turn my attention jury trials.

JURY TRIALS

The defendant’s role is very significant in the trial of his case. As a defendant it is important to remember that you will be the center of attention. Everyone in the courtroom will be watching your movements, facial expressions, gestures and conduct.  Your role during the trial is to make the jury like you; to give them a reason to rule in your favor.  Many will agree that the trial of a case is not reality. It is a fantasy period in which the jury will perceive what the truth is; which may or may not be the same thing as the actual truth.  As such it is essential that you make the best impression possible upon the jury. You must leave them with feelings of honesty, trust worthiness, and goodness. You must be someone the jury wants to help. The following are areas you should consider in the presentation of yourself to the jury.

CLICK HERE TO READ THE FULL ARTICLE

Criminal Lawyer in Metro Atlanta

Question: OCGA 17-4-26 and 17-4-62 and UMCR 25 provide for commitment hearings within prescribed times where arresting officers must show probable cause for the deprivations of liberty until an accusation or indictment is return. In DeKalb County, the officials usurp this ministerial duty simply because a bond is automatically set. What statute or rules authorizes this discretion?

Answer: Anytime people start talking about due process, I know they are clueless. It is most frequently used by inmates representing themselves and erudite law school wannabes. Due process is a term of art which refers to the manner in which the law is applied. It is not actually law. Similarly, with a jury of your peers. Your peers. Are my peers 60 year old while women? No, I am a black man with four degrees. So, my peers are 40 something black men with 4 or more degrees who have married a black woman and have children. SO, other than President Obama, I have very few peers. Two degrees is not four. And a law degree from Georgia State ain''t the same thing as one from Cornell Law School. The same way a Honda is not a Porsche. So, jury of your peers is a term of art referring to citizens over the age of 18, who live in the county where you are charged, and that have no felony convictions. It does not mean your actual peers. What another example? You are entitled to a speedy trial. The constitution does not denote any specific time as a time limit. So, under federal law, a three year wait in jail for a trial may constitute a speedy trial. Therefore, each state has by statute constructed a statute, which does designate a specific drop dead date. However, in many counties, IF an attorney files a speedy trial at the earlier possible moment, the client may still sit in jail for 10-11 months before he has an actual trial. Is an 11 month wait in jail for a trial, a speedy trial demand? I would say no. However, as long as the attorney files the speedy trial demand after indictment and the prosecutor has the jury trial in month number 9, then the speedy trial demand has been met, and due process has been fulfilled. I assume that the 10 months in custody on a speedy trial demand offends you, because you are fretting (in your words about deprivation of liberty) about days spent after an arrest.

Answered by Lawrence Lewis - Criminal Lawyer in Metro Atlanta