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Category: Criminal

Know Your Rights: Controlled Substances and Immigration Consequences

The U.S. maintains high standards for non-citizens when it comes to compliance with the law; the area where this is most evident is law related to controlled substances.

For decades, the U.S. Congress has taken a hard-line approach against drug use and trafficking, enforcing harsh punishments on citizens and non-citizens who are involved in these activities. Therefore, use or conviction for controlled substance related crime carries harsh immigration penalties including deportation and future inability to obtain a Green Card. In fact, according to the Immigration Defense Project from 1997-2012, one out of four criminal immigration removal cases stemmed from past drug offenses.

Generally, “controlled substances” include all recreational drugs including cocaine, heroin, methamphetamine, and non-prescription drugs. The major exceptions to this category are marijuana (under 30 grams), alcohol, tobacco, and prescription medications. In terms of drug-related crimes, non-citizens can be punished for any number of reasons including having a positive drug test, possession of drug paraphernalia, or drug trafficking.

For non-immigrants including visitors and students, controlled substance use can result in your removal and prevention of obtaining a future Green Card. Under INA Sec. 212, among the controlled substance issues which may prevent your Green Card are:

  • Controlled Substances Conviction, including possession

  • Admission of a Controlled Substances Offense, even without conviction

  • Crime of Moral Turpitude Conviction

  • Admission of a Crime of Moral Turpitude

  • “Reason to Believe” Noncitizen is or was a Drug Trafficker

  • Family Members of Non-citizens DHS has “Reason to Believe” is or was a Drug Trafficker

  • Drug Abuse or Addiction

For Green Card holders/Legal Permanent Residents, controlled substance use can also result in deportation. Under INA Sec. 237, among the controlled substances issues which may result in deportation are:

  • Aggravated Felony Conviction

  • Controlled Substances Conviction

  • Crime of Moral Turpitude Conviction

  • Drug Abuse or Addiction

While there are some methods to overcome these issues, it is most helpful to have proper legal counsel from the beginning to avoid long-term consequences. As such, it is extremely important for non-citizens who are facing drug charges to hire a criminal attorney who is familiar with immigration law. They will be in the best position to negotiate on your behalf to avoid immigration consequences. Further, non-citizens should be prepared to take harsher criminal punishments in exchange for more lenient immigration consequences. While this may be difficult in the short-term it could be the difference between staying in the U.S. or returning to your home country.

Since the U.S. perspective on controlled substance use does not seem to be waning or becoming more sympathetic, non-citizens should be extremely careful and vigilant in their activities and be aware of the potential consequences.

To discuss the specifics of your case:

Call us at 678.324-8511;

E-mail us at info@lawrencelegal.law; or 

Click here to schedule a consultation.

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Factors That Can Influence a Field Sobriety Test

How can I challenge a failed field sobriety test?

Field sobriety tests are commonly administered by an arresting officer to determine whether a person has been driving under the influence of alcohol or drugs. There are three typical field sobriety tests, the Horizontal Gaze Nystagmus, Walk and Turn, and One Leg Stand tests. Evidence of your failure to perform these tests to an expected level could serve as grounds for your arrest and may lead to your ultimate conviction for DUI. Field sobriety tests, however, are susceptible to many failings. A wide array of physical and external factors can influence a field sobriety test, leading to inconclusive results. DUI defendants can challenge the results of a flawed field sobriety test to potentially avoid conviction.

Physical Factors

Standards for administration of field sobriety tests can be found in the Standardized Field Sobriety Testing Manual created by the National Highway Traffic Safety Administration. Georgia law requires that field sobriety tests be administered in a consistent and reliable manner, but the results of a field sobriety test cannot be trusted when certain physical or external factors exist. Physical factors that could influence the outcome of a field sobriety test include:

  1. Injuries: Individuals who suffer from back issues, leg pain, mobility problems, and inner ear conditions could all experience difficulty when performing a field sobriety test. The Walk and Turn test and One Leg Stand require accurate balance, which those with certain injuries or conditions will not have. Further, the Horizontal Gaze Nystagmus may not offer accurate results for those with a seizure disorder or certain eye conditions.

  2. Age: Those over the age of 65 may struggle to perform field sobriety tests even when completely sober. The results of the One Leg Stand and Walk and Turn test cannot be considered accurate where the person arrested is physically incapable of completing the test to the desired level.

  3. Weight: Individuals who are more than 50 pounds overweight could struggle with some of the field sobriety tests. Discrepancies that an officer might attempt to attribute to alcohol could, in fact, stem from physical qualities of the defendant.

External Factors

Along with a person’s physical characteristics, there are several external and environmental factors that can influence a field sobriety test. For example, slick or uneven road conditions could render the results of the Walk and Turn or One Leg Stand test inaccurate, as less than ideal road conditions may cause the suspect to slip or falter. Bright sunlight could impact the Horizontal Gaze Nystagmus test. Anyone who is facing DUI charges based on a failed field sobriety test should contact a DUI defense lawyer to start protecting their legal rights today.

To discuss the specifics of your case:

Call us at 678.324-8511;

E-mail us at info@lawrencelegal.law; or 

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DUI Child Endangerment in Georgia

What are the penalties for a DUI child endangerment charge in Georgia?

The Georgia state legislature has taken a harsh stance on individuals who drive drunk with a minor in the vehicle.  Per Georgia law, if you are arrested for driving while intoxicated and your minor child was in the car at the time of your arrest, you could be charged with two separate offenses– DUI and DUI Child Endangerment.  One arrest with a child in your car could potentially result in long term suspension of your license, jail time, and even being declared a habitual violator when multiple children are present.  

DUI Child Endangerment Defined

Georgia law makes it a crime under O.C.G.A. 40-6-391 to transport a child while driving under the influence.  Each child in the car will create a new and separate offense, and child endangerment offenses can be stacked on top of the original DUI offense.  As such, the more children there are in vehicle at the time of the arrest, the stiffer the penalties.  Additionally, multiple DUI child endangerment charges will swiftly escalate the severity of the offense.

Penalties for DUI Child Endangerment

If you are arrested for a first or second offense of child endangerment along with a DUI, then you will be charged with a misdemeanor and fined up to $1,000 per child.  You could potentially be arrested for up to 12 months per child.  Even further, the charges will compound, meaning that if you are arrested for a DUI with two children in the car, this in essence equates to three DUIs.  Three DUIs will result in the defendant being declared a habitual violator, which means license suspension for five years.

In addition to license suspension, fines, and jail time, a conviction for DUI child endangerment could impact you for years to come.  If your job involves driving in any capacity, you may face loss of your position.  Additionally, those who work with children, like teachers and day care owners, may not be permitted to continue working in the field.

Challenging a DUI Child Endangerment Charge

Most challenges to a DUI child endangerment charge will involve fighting the underlying DUI. Common grounds for challenging a DUI include questioning the initial stop, challenging the accuracy of the breath or blood test, and finding errors in the gathering of evidence.  An experienced DUI attorney can assist you in reviewing the facts of your case to determine your best means of defense.

To discuss the specifics of your case:

Call us at 678.324-8511;

E-mail us at info@lawrencelegal.law; or 

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Police Brutality

Police officers are supposed to protect us from harm. Unfortunately, there are thousands of cases each year where the police violate civil rights protected by the U.S. Constitution, federal and state laws when causing harm by overstepping the limits of their authority. When an individual government officer or police officer violates these civil rights, it may give rise to civil liability under both state law claims and federal law under 42 U.S.C. §1983. Filing a police brutality lawsuit may permit the recovery of monetary damages for injuries due to police brutality in addition to attorney’s fees.  We represent victims of the following violations:

  • Police Brutality and Misconduct
  • False Arrest
  • Intimidation and harassment
  • Racial profiling
  • Sexual Abuse
  • Police Corruption
  • Physical Assault
  • Torture

Effective Representation

We understand how to effectively represent clients who have experienced police brutality.

There are very strict statute of limitations deadlines for police brutality claims. Thus, to protect your legal rights after you or your loved one has been a victim of police brutality, you should immediately contact us.

To discuss the specifics of your case:

Call us at 678.324-8511;

E-mail us at info@lawrencelegal.law; or 

Click here to schedule a consultation.

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Violence Against Women Act “VAWA”

Congress passed the Violence Against Women Act (VAWA) in 1994, which contains a provision for an abused spouse or child of a U.S. citizen or lawful permanent resident to self petition for him or herself rather than rely on the abusive spouse or parent to submit a visa petition on the applicant’s behalf.  The policy behind VAWA is to provide qualifying survivors of domestic violence a path to escape violence and obtain legal status in the United States. 
 
What forms of abuse qualify for VAWA benefits?

The standard under VAWA is “battery or extreme cruelty,” which can take different forms, including physical violence or threat of violence, forceful detention, physical or mental injury, or immigration sabotage.  Furthermore, acts or threatened acts may demonstrate an overall pattern of battery or extreme cruelty.  
 
Three separate immigration benefits exist under VAWA:

1) The VAWA self-petitioning process is available to a foreign national who has been the victim of abuse by his or her (a) U.S. citizen or permanent resident spouse (or if that spouse has abused the foreign national’s child); (b) U.S. citizen or resident parent (or step-parent); or (c) adult U.S. citizen child.  In addition to proving battery or extreme cruelty, a self-petitioner must also demonstrate the relationship to the abuser, residence with the abuser, and a good faith marriage (if based on abusive spouse).
2) A battered spouse or child waiver is available to conditional residents if he or she has been the victim of battery or extreme cruelty.
3) VAWA Cancellation of Removal is available to a foreign national in removal proceedings who can demonstrate battery or extreme cruelty by a U.S. citizen or resident spouse or parent, three years physical presence in the United States, good moral character, and extreme hardship.

What is the VAWA petitioning process?

A VAWA self-petition is filed with the U.S. Citizenship and Immigration Service (USCIS).  If the VAWA self-petition is approved, the applicant may apply for adjustment of status to that of a lawful permanent resident if the abuser was a U.S. citizen at the time of approval.  If the abuser is not a U.S. citizen at the time of approval, adjustment of status may not be immediately available, requiring the VAWA applicant to wait for a visa number to become available.  A VAWA approved applicant may obtain deferred action and employment authorization until a visa becomes available.  The self-petitioning process also allows for derivative benefits to qualified family members.
 
The battered spouse or child waiver is also filed with USCIS.  An approval results in the removal of conditions on residency and the granting of permanent resident status in the United States (as opposed to conditional resident status).
 
VAWA Cancellation of Removal is a form of relief before the Executive Office for Immigration Review.  A grant of VAWA Cancellation results in lawful permanent resident status in the U.S.  Successful cases also result in benefits to qualified derivative children.  

The requirements and procedure for VAWA benefits can be complicated and requires careful assessment.  Wilson Law Group has successfully assisted numerous individuals in the United States with VAWA-related applications.  We are happy to schedule a consult to discuss this option and your particular situation with you.  

To discuss the specifics of your case:

Call us at 678.324-8511;

E-mail us at info@lawrencelegal.law; or 

Click here to schedule a consultation.

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A Guide to the Juvenile Justice System

 

An Offense is Committed

  • A juvenile offender can enter the justice system in a couple of ways. The first, and most common, is through a law enforcement agency. This happens when an offense occurs, such as a robbery or vandalism. The other, less likely way, is through alternative means. For instance, a school may file a complaint on a child for truancy if the child does not attend classes on a regular basis or a parent may file a complaint due to the child running away. Both of the aforementioned instances are status offenses, which are available exclusively to juveniles.

The Juvenile is Detained

  • A juvenile is never arrested, but detained. A detention occurs while the intake officer does her investigation into the offense that allegedly occurred.
    • When the investigation occurs, the intake officer has approximately 72 hours to make a decision as to whether there is probable cause to continue with the case. If there is not, the child must be relinquished to his parents.

The Case

  • Around half of the cases in the juvenile system are handled informally, meaning that the system works with the juvenile individually to determine an alternative form of rehabilitation over continuing the formal process.
    • Informal treatments can come in the form of victim impact panels, if the offense had a victim, restitution, cleaning up vandalism, counseling, or mandatory school attendance.
    • When cases are handled this way, it prevents a record being attached to the juvenile, further affecting their future.
    • Similar to probation for adults, if the juvenile does not strictly adhere to the alternative, informal rehabilitation, it can be revoked and they may have to have their cases adjudicated.
  • If there is not probable cause to continue with the case, the intake officer will release the juvenile and the case will be dismissed.
  • The cases that are not handled informally or dismissed move along in the process
    • Just like adults that have been arrested, juveniles have a right to make bail once they have received their charges, in order to leave the juvenile detention hall.
      • Legally, juveniles cannot be detained in the same place that adults who have been arrested are detained and must not be within sight or sound of adult inmates.

In the juvenile justice system, as opposed to the adult criminal justice system, the aim is to rehabilitate the child from his deviant behaviors, for both society and the betterment of the child.

  • The formal hearing, where the juvenile hears the offenses he has been charged with, is kept private, with the juvenile’s name usually being kept anonymous for their protection.
  • When the formal hearing goes on, it is to determine what would be in the best interests of juvenile
  • A formal hearing has two parts
    • Adjudicatory hearing
      • This hearing is where the judge hears all of the evidence that the prosecutor has against the juvenile.
      • Here, it is decided whether the juvenile actually committed the offense.
    • Dispositional hearing
      • At the dispositional hearing, the judge determines what the treatment should be for the juvenile, which is similar to the sentencing portion of an adult criminal trial.
      • Here, the defense is able to present evidence and witnesses as to influence the judge on the type of treatment that the judge will hand down to the juvenile

Treatments

  • If the judge finds that the juvenile did commit an offense, there are several treatment options available:
    • Releasing the child into the custody of his or her parents, without court supervision
      • This is the least intrusive option for the child, and is typically only assigned when a child commits a very minor act, such as larceny (petty theft)
    • Placing the child on probation
      • Probation would include the juvenile being assigned a probation officer and being given a list of acts to complete in order to stay out of the juvenile system’s formal treatment centers.
    • Committing the child to the Department of Juvenile Justice
      • This can come with a variety of options, from being placed in a group home to being admitted to a temporary residential treatment center to even being assigned to a school for children with behavioral problems.
    • Detaining the juvenile at a youth detention center for up to 90 days
      • This is most likened to the type of incarceration that adults experience when jailed for offenses.
    • Sending the juvenile to an outdoor program or boot camp
      • This is done to essentially “toughen” the juvenile up and instill discipline if the judge believes that what motivates the juvenile to commit crimes is his or her lack of discipline

The juvenile system can be tricky to navigate without competent legal help!

To discuss the specifics of your case:

Call us at 678.324-8511;

E-mail us at info@lawrencelegal.law; or 

Click here to schedule a consultation.

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Man convicted on fraud charges related to ATM card scam

Fraud used to be mostly matters of confidence scams and doctored accounts for businesses. Georgia has also seen its share of insurance fraud cases related to arson and other crimes. Now, the effectiveness of widespread digital networks can make fraud a matter as simple as a few clicks of a mouse or a few taps on a screen.

Identity theft and the misuse of identifying accounts or documents is now a common occurrence on all parts of the Internet, and the crimes often span across jurisdictions, making prosecution difficult. As a result, many effective cases prosecuting fraud are federal cases brought by U.S. attorneys.

A Romanian man was recently convicted on federal charges related to identity theftin the Georgia. The defendant and others used illegal devices that collect information from debit cards and made fraudulent purchases worth more than $80,000 from more than 70 accounts. Local police cooperated with the U.S. Secret Service during a seven-month investigation into the crimes, which involved the illegal devices being connected to automatic teller machines.

The convictions include access device fraud and aggravated identity theft related to the victims’ account information. “Identity theft is a continuing problem that damages the credit of too many unsuspecting Georgians,” said a U.S. attorney assigned to the case.

If an investigation into fraud has resulted in criminal charges, defendants must fight to maintain their innocence and rights under the Constitutions of the United States and Georgia. A good criminal defense often starts with consulting an attorney about the evidence involved and the best ways to assert innocence in court or negotiate a plea deal with prosecutors.  Contact us today to discuss your case and possible options!

To discuss the specifics of your case:

Call us at 678.324-8511;

E-mail us at info@lawrencelegal.law; or 

Click here to schedule a consultation.

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What Should I do?!? I missed my court date!!!!!

 

What Happens When You Miss Your Court Date

If you missed your court date for a criminal matter in Georgia should consult with an attorney as soon as possible to rectify the situation. Aside from the fact that missing court may have a negative effect on the outcome of your case, there may already be a warrant for your arrest. This could be true even if your appearance was only for a traffic ticket!

While both misdemeanors and felonies are crimes, a misdemeanor only carries a maximum possible jail time of 12 months. Misdemeanors include simple assault, petty theft, possession of marijuana less than one ounce, or driving under the influence (DUI) of drugs or alcohol. Common felonies include murder, rape, arson, kidnapping, aggravated assault, and the sale of illegal drugs. Repeated DUI’s may also be regarded as a felony which, in turn, will result in a much harsher punishment. A felony carries a possible jail sentence of more than 12 months. Fines for felonies are also considerably higher than those for misdemeanors.

If you don’t show up in court, the judge will cite this as a failure to appear (FTA) and might issue what is known as a bench warrant for your arrest against you. This authorizes law enforcement to locate and arrest you. This can be done at home, at work, or if you’re in college, on your campus. It is therefore vital to act immediately when you realize that you have missed your court date.

If you are arrested for an FTA, you will be taken to jail where you will remain until you appear before a judge. If the judge agrees to release you, it can be on your own recognizances or bail may be required. This depends on the severity of the original criminal charge for which you missed court. If bail was posted previously, it may have to be forfeited. In some instances, contempt of court charges may also be brought.

For any misdemeanor or felony cases, a date will be set to hear the FTA charge. This is a serious charge and it is essential to talk to a criminal defense attorney to discuss the consequences and any possible defense you might have. If the offense that you received an FTA for was traffic-related, the court will notify the Georgia Department of Drivers Services (DDS) and your driver’s license will be suspended. If you are caught driving with a suspended license, you will be arrested immediately and taken to jail. The possible penalties for driving on a suspended license are two days in jail, a minimum fine of $500, and an extended suspension of the license. Remember: this would be a new charge, in addition to the original charge for which you missed court.

What to Do if You Miss Your Court Date

If you already have an attorney, then contact him or her immediately. Depending on the offense, he or she may be able to resolve your FTA and get your driver’s license reinstated relatively easily. It becomes more complicated and costlier when an arrest for FTA has been made.

If you don’t already have a criminal defense attorney in Georgia, we can represent you and help resolve your FTA charge as well as the original charge you were facing. Contact us today to discuss your case and possible options!

To discuss the specifics of your case:

Call us at 678.324-8511;

E-mail us at info@lawrencelegal.law; or 

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What are the penalties for meth possession in Georgia?

It is well known that the laws for drug possession, as well as drug manufacture, in Georgia are relatively strict. Even the simple possession of a small amount of marijuana in Georgia can lead you into serious trouble with the authorities. Therefore, it is easy to imagine that possession of more serious drugs, such as methamphetamine, have even more serious consequences.

Methamphetamine is a highly addictive synthetic drug. It is also a very dangerous one, and therefore the authorities do everything that they can in order to keep it off the streets. Although it can be prescribed, it is far more often used illegally as a simulating drug. If you are found with it on your possession, it is vital that you learn of the legal consequences so that you can work to defend yourself immediately.

What will be the consequences of methamphetamine possession in Georgia?

The legal implications of methamphetamine possession will depend on the amount that is found in your possession. However, because it is listed as a Schedule II drug, even being found with 2g or less could result in jail time of one to three years.

May there be a possibility of an alternate sentence?

In methamphetamine cases, the courts would much rather make sure that you never offend again than to see you be put in jail only to reoffend. Therefore there are possibilities to request rehabilitation treatments as an alternative sentence.

If you have been found in possession of methamphetamine in Georgia, it is vital that you take action  so that you can build your defense.

To discuss the specifics of your case:

Call us at 678.324-8511;

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Avoiding Self-Incrimination

Self-Incrimination- The act of exposing oneself generally, by making a statement to an accusation or charge of crime; to involve oneself or another person in a criminal prosecution or the danger thereof.

If you are a suspect of a crime, your rights and freedom need to be protected. You can accidentally harm or incriminate yourself and damage your case, which can jeopardize your freedom and any formal steps taken by law enforcement. Your rights and your future can be negatively impacted by what you say and what you do. Before speaking with law officials, seek a legal counsel.

According to the Fifth Amendment you have a Constitutional right not to testify against yourself.

In addition to legal help from a criminal attorney, there are other ways to avoid self-incrimination.

  1. Do not talk to police. Anything you say can be used later against you in court. Remain calm and respectful and listen to your Miranda warnings.
  2. Do not talk to others about the incident. Statements made to other people may be used during a trial.

If you’re being suspected of a crime, it can be scary. You may be tempted to say something that could ultimately find you guilty of a crime. If you have questions about your rights, contact us immediately. We will ensure that your constitutional rights are being met and help you invoke your Fifth Amendment rights. Don’t’ risk your innocence without qualified legal advice and assistance.

To discuss the specifics of your case:

Call us at 678.324-8511;

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