Being investigated for or charged with embezzlement is a serious situation with far-reaching implications. As such, you’ll need to work with someone who understands the intricacies of the laws governing embezzlement. We are dedicated to protecting our clients’ rights. We take very seriously each clients’ right to a fair trial and the fact that each and every individual we represent is innocent until proven guilty beyond all reasonable doubt.
Don’t Learn The Hard Way – Consequences Of A Conviction For Immigrants (Part 3)
Sunday, 27 October 2019
Obtaining Relief
Simply having a claim is not enough to obtain relief though. There are two parts to an ineffective of counsel claim. You must first prove that the lawyer’s performance was deficient. You must also establish that you were prejudiced. In this context, that means establishing that you would not have pleaded guilty if you had received accurate advice. The ability to do that depends on the facts of the case; if you were caught “red-handed”, and have no possible defense, you are going to have a difficult time establishing you would have insisted on going to trial.
I believe there will be a wave of claims involving defendants who receive some type of deferred disposition. The reason is that very few lawyers recognize that placement into such a program can subject a person to removal proceedings. Additionally, enforcement has stepped up, especially here in Georgia. I’ve seen a lot of people who were probably subject to removal proceedings, but nothing was ever done. Now, you can expect even the most minor offense will result in some type of action by ICE. Until criminal defense lawyers understand this, there are going to be people who suddenly find themselves in a holding facility, be it county jail or an immigration detention center. At that point, the options aren’t great, but at least you have some.
If you or a family member are in this situation, don’t wait. You need to contact a lawyer immediately.
Call us at 678.324-8511;
E-mail us at Info@LawrenceLegal.Law; or
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- Published in Criminal, Criminal Defense, Deportation, Deportation Defense, ICE, Immigration, Moral Terpitude
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Don’t Learn The Hard Way – Consequences Of A Conviction For Immigrants (Part 1)
Monday, 21 October 2019
With as much talk as there has been over the last few years about immigration, you would think most criminal defense lawyers are sensitive to the potential consequences of a conviction for defendants who are not United States citizens. Unfortunately, I continue to see lawyers who believe certain dispositions will protect a client against removal proceedings. Generally, this occurs where the client is placed on deferred adjudication, or placed in some type of pre-trial diversion program. They mistakenly believe that if there is no conviction, there are no immigration consequences.
I’ve recently seen cases where a defendant was placed on deferred adjudication for a minor offense, and when they went to report for probation, were met by ICE officials. They had no idea that could happen until it was too late.
I’ve also seen too many cases where the lawyer fails to ask about a client’s immigration status. They may have grown up here, graduated from high school or even college, and have stable jobs. There is nothing to suggest they are not United States citizens. Some lawyers also ask the wrong question; they might be here under DACA, or have a valid work permit, and if asked if they are “legal” will truthfully answer yes. If you or a loved one who is not yet a citizen is facing criminal charges, we are here to help.
Call us at 678.324-8511;
E-mail us at Info@LawrenceLegal.Law; or
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- Published in Criminal, Criminal Defense, Deportation, Deportation Defense, Moral Terpitude
Georgia Hit And Run Laws (Part 2)
Thursday, 12 September 2019
What to Do after a Hit and Run Accident
Get as much information about the other vehicle as possible. Make note of it or ask someone else to record the details. A license plate number makes it easier to track down the driver. But even without that, a description of the vehicle can help.
A description of the vehicle includes:
- color;
- make;
- model;
- damage; and
- other distinguishing marks (e.g., rust).
Also write down anything about the driver or passengers in the vehicle. A description of the people can sometimes help in finding the responsible party.
Write down the time of the accident and the location. Note what direction and street the driver fled. Also, get contact information from any witnesses.
Call the police and request a copy of the police report. Although there might not be a lot of information you can provide, a police report can help when filing an insurance claim.
Get photographs of your damaged vehicle. Take pictures of damaged property (i.e., light pole or fence) and debris (i.e., broken glass or vehicle parts). Photograph anything else of relevance, such as tire marks.
If the other driver is caught, file a claim with his/her insurance company. Contact your own insurer as well; you may be able to recover from your uninsured motorist coverage or other types of coverage on your policy. Look over your policy for options that may be available.
Regardless of whether the driver gets caught, it’s a good idea to seek legal advice if a hit and run results in serious or fatal injuries. An attorney may gather any evidence available and perform an investigation. Or the attorney might use the information later if the police end up locating the driver. This could allow for the recovery of damages in a personal injury lawsuit.
For a victim it could mean compensation for medical bills, lost wages, pain and suffering, mental anguish and more. For the family of a loved one killed, it could allow the filing of a wrongful death claim. Some of the damages may include medical costs, funeral expenses, loss of consortium and more.
Call us at 678.324-8511;
E-mail us at Info@LawrenceLegal.Law; or
Click here to schedule a consultation.
- Published in Criminal, Criminal Defense, Moral Terpitude, Personal Injury
Protection Against Georgia Embezzlement Charges
Saturday, 24 August 2019
Typically considered a “white collar crime,” embezzlement occurs when a person entrusted with the monitoring or management of someone else’s assets deliberately appropriates them for their own financial gain. There are a variety of circumstances that can result in embezzlement charges, and a conviction can carry fines and possible prison terms of one to 10 years.
Call us at 678.324.8511;
E-mail us at info@lawrencelegal.law; or
Click here to schedule a consultation.
- Published in Criminal, Criminal Defense, Felony, Moral Terpitude, Theft
11 Reasons Why You Should Never Talk To The Police When Arrested or Questioned (Part 4)
Tuesday, 30 July 2019
7. Even if you are innocent and only tell the truth and do not tell the police anything incriminating and the entire interview is videotaped, your answers can still be used to crucify you if the police have any evidence, even mistaken or unreliable evidence that any of your statements are false. You never know what information the police have or what is in their file against you. Furthermore, you can never be certain what the police are investigating you for. Any evidence that makes it seem that your testimony is false, even when it is not, can be used to make you appear unreliable. If the witness was confused or had inadequate information, they will still seem more credible than you if you had told the police something contrary to what a witness says.
Example: A juvenile, being charged as an adult, who truthfully confessed to a series of thefts and assaults. Unfortunately, at the same time, his elderly grandmother, who was his guardian, had told a different story that she also thought to be true. Both the client and the grandmother stated truthful, yet contradictory stories. The primary element of the case was whether or not he had permission to drive a vehicle. Ultimately the word “permission” was related to what extent he was allowed to drive the vehicle. As a result, the sheriff added automobile theft charges to the other less severe charges. The client said he had permission to drive the car and the grandmother said he did not, but the extent of the “permission” was taken out of context because she meant he did not have consent to use the vehicle to commit another crime. Finally, he was convicted of automobile theft even though we believed he did not steal his grandmother’s car; he simply used it for different reasons than his grandmother would have allowed. The prosecutor made it seem like to the jury that he stole his grandmother’s vehicle.
8. The police do not have the authority to make deals or grant a suspect leniency in exchange for getting a statement. Many people are under the misconception that the police can get them a better deal if they confess. However, the police are not the ones that have the authority to make deals. The Prosecutor, which is the District Attorney in Superior Court or the Solicitor General in State Court is the only party that can negotiate plea agreements, grant immunity, or make deals. Therefore, it is better to wait until you have your Georgia Criminal Attorney speak with them to work out an arrangement or plea deal.
Example: Countless clients that have been told by police officers that if they cooperate things will go easier. It occurs in a wide range of crimes from DUI to Aggravated Assault cases. Ultimately as stated above only a prosecutor can offer a negotiated plea.
Call us at 678.324.8511;
E-mail us at info@lawrencelegal.law; or
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- Published in Criminal, Criminal Defense, Moral Terpitude
Understanding the 5th Amendment
Thursday, 18 July 2019
The Fifth Amendment protects people from having to testify against themselves. Therefore, the prosecution must use evidence and witnesses instead of the testimony of the accused person to convict them. The point of the 5th Amendment is to protect people from saying something incriminating. However, people who invoke this right and refuse to say anything are often thought of as guilty or have something to hide. It seems that either way you are doomed because if you talk, you could mistakenly say something that could be used against you but if you do not, people assume you are guilty. If you do decide to talk to the police, you could make mistakes when explaining where you were at the time of the crime or you could be tricked into saying the wrong thing, and those statements could lead to you being convicted of a serious crime.
Call us at 678.324.8511;
E-mail us at info@lawrencelegal.law; or
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- Published in Criminal, Criminal Defense, Moral Terpitude
Why a Person Should Never Speak to The Police
Monday, 15 July 2019
As stated eloquently by Supreme Court Justice Robert Jackson, “Any lawyer worth his salt will tell the suspect in no uncertain terms to make no statement to the police under any circumstances.”
A criminal defense attorney would be a fool to ever let his client speak to the police. One of the foremost experts, Professor James Duane, lectured upon reasons why people should never talk to the police. Our office is very thankful that he has allowed us to put these ideas on our website and we have included his 45-minute video presentation that explains why a person should never speak to the police under any circumstances whatsoever along with his lecture on: “You Have the Right to Remain Innocent.” We recommend that you purchase his book “You have the Right to Remain Innocent” as well. We also tell anyone who calls our office to “never talk to the police.”
In our law practice, we comprised some examples of when our clients spoke to the police before retaining our office. It is of our opinion that of all the things that we have placed on our website, if a reader only looks at this one section of our website, then that would be more important than anything else we have posted. NEVER SPEAK TO THE POLICE.
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E-mail us at info@lawrencelegal.law; or
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- Published in Criminal, Criminal Defense, Moral Terpitude
What Does Not Constitute an Acceptable Defense of Armed Robbery in Georgia
Friday, 12 July 2019
I didn’t have a real weapon, just a toy: Even if you used a toy gun, you could be guilty of armed robbery. The Court looks at whether it was a believable replica and if it was, you will still be charged with armed robbery.
I had consent at the beginning to have the property: Recent case law has found that even if you had permission to have custody of the property at the beginning, you could still be guilty of robbery if you forcefully dissuaded the owner from making you return the object. An example of this is if you had permission to borrow a necklace and then when they asked you to return it, you forced them through violence to let you keep it. Even though you had consent at the beginning, it is still robbery because you used force to retain the property.
The victim never saw a weapon: Even if the victim never sees a weapon, a defendant can still be guilty of armed robbery. Since the purpose of using any weapon or device is to create a reasonable apprehension that an offensive weapon is being used, it is immaterial whether the fear is created by seeing or by any other sense, provided the apprehension is reasonable under the circumstances. An example of this is when a defendant told the victim “do as I say or I’ll blow your head off.” Although the victim never saw the weapon, the statement was enough that the robbery had been accomplished by use of an offensive weapon.
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- Published in Aggravated Felony, Criminal, Criminal Defense, Moral Terpitude, Theft
What Constitutes an Acceptable Armed Robbery Defenses in Georgia
Tuesday, 09 July 2019
I didn’t take anything; I just wanted to scare them: If you did not take anything from the victim but instead just used a weapon to scare someone, then you will not guilty of robbery. However, you could still be guilty of assault or battery.
Lack of Intent: Armed robbery requires that the accused take the property with intent to commit theft. If you thought the property was yours or it was a misunderstanding, your actions may not satisfy the requirements of armed robbery.
Self Defense: Another argument your Georgia Robbery Attorney could make is that you acted in self-defense. While you may have been attempting to take something, you only used a weapon when you began feeling threatened.
Innocence: If you have an alibi or witness testimony that you did not commit the crime, then your Attorney will have a chance of succeeding on an innocence claim.
The taking by force or intimidation was justified: To justify taking property by force of intimidation, the party taking must be the owner of the particular property taken or must be entitled to the possession of the property or lastly, believed in good faith that they were the owner of the property or entitled to the property.
No weapon was used nor the appearance of a weapon: For the crime of robbery to have been committed, there must be evidence that a weapon or violence or the appearance of a weapon was used during the incident. Any evidence supporting that this was not true would be greatly beneficial. Even if you are still guilty of robbery, it is a lesser sentence than armed robbery.
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- Published in Aggravated Felony, Moral Terpitude, Theft
Statutory Rape Crime & Punishment in Georgia
Monday, 24 June 2019
The Georgia code § 16-6-3 defines two degrees of the crime statutory rape, each with associated punishments. The degree of the punishment depends on the specifics of the crime committed, with higher degrees of the charge generally receiving harsher punishments.
| Severity | Statutory Rape – Charge Description | Punishment |
|---|---|---|
| Felony STATUTORY |
|
|
| Misdemeanor STATUTORY |
If victim under age of 16 not a spouse of the offender and victim is 14-15, and offender is no more than three years older than victim | Jail time not to exceed 12 months and/or a fine not to exceed $1,000.00 |
Georgia law allows statutory rape to be enforced as a statutory charge. This means that this charge can be applied to cases in which the victim is younger than the Georgia Age of Consent, even if the victim willingly engages in sexual relations with the defendant.
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- Published in Battery, Criminal, Criminal Defense, Domestic Violence, Felony, Moral Terpitude, Sex Offender