Misdemeanor Defense Attorney in Lawrenceville

Question: Can i file an appeal for a withdrawal of guilty plea of dv misdemeanor while on probation?

Answer: You entered a plea, you were placed on probation and you began your probation. You then didn`t like probation or thought you really were not guilty and asked the judge to allow you to withdraw your guilty plea. The judge denied the withdrawal of the guilty plea and you want to appeal that. IF those are the facts, then you have 30 days from the signing of the denial of the motion to withdraw the guilty plea to file an appeal. I suspect that you have nto employed an attorney, and you will need to in order to challenge the case properly.

Answered by Lawrence Lewis - Misdemeanor Defense Attorney in Lawrenceville

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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Best Attorney in Lawrenceville

Question: I was convicted under the first offenders act in 1994. From there I went to college and graduated. In 2003, I had my record expunged, in order to continue on with my career. Since then, I have had numerous background checks with no issues. Last month, I interview for a more lucrative position and was offered the job. I accepted. However, upon completion of a background check, the job was rescinded due to the prior conviction showing up. My question is how can I correct this error that should have remained sealed? And do I have a case of Libel/Defamation as I was due to potentially make more money but now cannot due to possible clerical errors made within the county in which I was convicted?

Question: First, first offender act means you are NOT convicted. Second, unfortunately for you, it also means that it is not expunged. So, the fact that it was missed before, does not give you a cause of action to sue now.

Answered by Lawrence Lewis - Best 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.    

Criminal Defense Attorney

Question: My daughter is being charged with a party to a crime I believe it may be related to a burglary what I would like to know what are her options if any as far as her sentencing goes, and what is the maximum sentence?

Answer: A person charged as a party to a crime faces the same potential sentence as the person accused of commiting the actual crime. Therefore, I would need to know what crime she is a party to. If it is burglary, she faces 1-20 years in prison. If her criminal record is not horrific, then she will probably be on the lower end of the sentencing range. Her options are simple: (1) retain an experienced attorney; (2) go with the public defender; or (3) represent herself. Representing herself is crazy. And depending on to whom she is assigned, having the PD represent her may also be crazy.

Answered By Lawrence Lewis - Criminal Defense Attorney

Dui Attorney in Lawrenceville

Potential clients seeking information about the criminal justice process often ask if I specialize in the exact offense with which they are charged.  Of course, no criminal defense attorney specializes in juvenile burglary cases, domestic violence between same sex partners cases, or grandparent child molestation cases.  The reality is there is probably not enough business in any particular area of criminal law to justify additional specialization beyond criminal defense.  I suspect this is true throughout the United States, with one exception: Driving Under the Influence (DUI). 

Driving under the influence (aka driving while intoxicated) is the one area where a number of attorney, especially young attorneys (i.e. graduated from law school in the last four years) choose to specialize.  I suspect there are a number of reasons for that: (1) there are a number of CLE (continuing legal education) classes that focus specifically on training attorneys to defend DUI classes; (2) attorneys that teach other attorneys how to defense DUI cases can justify fees charged for tuition by explaining the voluminous number of DUI arrests every month (DUI arrest numbers are monitored religiously, and that area of criminal defense is actively promoted); (3) DUIs represent the greatest number of police arrests every month, because in our culture “everything is better with alcohol;” (4) DUI clients come from every socio-economic group, and as such many can pay hefty fees for their DUI defense (unlike many criminal clients, DUI client have money to spend on their defense); and (5) unlike other clients, DUI clients are not folks who have had a great deal of contact with the justice system, so they are more anxious and frightened than the average criminal – a fact that the DUI attorney exploits to his advantage.  Irrespective of the reasons why, it is important to note there are more attorneys specializing in DUIs than in any other area of criminal defense.  Unfortunately, many of these DUI attorneys promote themselves as criminal defense attorneys, claiming that they can handle any type of misdemeanor, juvenile or felony case. 

DUI Attorney in Lawrenceville

Criminal Defense Attorney in Lawrenceville

Question: What do I do after the sherriffs department arrest the person that shot my house cat with a bow and arrow. They arrested him (he admitted he did it) and let him out on bond. What do I do to make sure he serves time and pays my vet bill. I have no idea where to go from here.

Answer: Contact the DA in your county and let them know that you are interested in the prosecution of the individual. It will be about a year before the case goes to court. SO, exercise some patience. The other alternative is you can hire an attorney to be your liaison with the prosecutor, but you probably do not want to spend $ 1500.

Answered By Lawrence Lewis - Criminal Defense Attorney in Lawrenceville