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Richard Scott Lawson
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Richard Lawson’s Answers

146 total


  • Already been indicted why are they reindicting me again

    I was arreaatedd and awaiting trial but suddeny I am being told I have a whole new case that I had been reindicted theat the first indictment is gone

    Richard’s Answer

    Sometimes a case is re-indicted because there is a flaw in the charging document that could lead to potential defenses. Otherwise, a case can be re-indcted when the prosecutor adds charges.

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  • I am looking to change jobs, and I have a first offenders charge and I am wondering do I list that on my application or no?

    Is it going to show up on my background check or not?

    Richard’s Answer

    If you record has been restricted due to the completion (key word) of a first offender sentence, you can honestly answer that you have not been convicted.

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  • How do I get involved in a teen diversion program?

    I'm 17 years old and was charged with petty theft/ misdemeanor shoplifting for $67 worth of merchandise I attempted to steal. It's my first offense and first sort of run-in with the law in my whole life. I deeply regret my bad decision and will do...

    Richard’s Answer

    Your should not assume that you will be accepted into any program. Please have your parents contact an attorney. One of the biggest mistakes made by young people is not understanding that at age 17 you are adult for criminal law purposes in Georgia. I will attach a link to this answer for you to read on that subject. The short version is that anything that happens in your case will have lifetime consequences. People call me every week and ask if there is a way to undue a bad legal decision, and the answer is generally no. You have a lifetime of opportunities ahead. Do not make the mistake of handling your own case. The legal system is not designed for lay people to represent themselves.

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  • Athens court jurisdiction?

    Does anybody know if the Athens-Clarke county jurisdiction is considered more harsh or more lenient in comparison to other jurisdictions in GA regarding criminal court sentencing?

    Richard’s Answer

    The court system in Athens-clarke County punishes DUI cases more severely than most other jurisdictions. Retired Judge Kent Lawrence was one of the first Georgia Judges to start a DUI Court Program. However, insofar as other cases are concerned, they are not known to to have tougher sentencing policies in general.

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  • I have a warrant for probation violation from a traffic ticket. I need to renew my ID, will GA DDS, see the warrant?

    Prior to the violation, I was hospitalized with while pregnant. I then received a Saddle Pulmonary Embolism and MRSA (staph infection in the blood). I then gave birth to my daughter 16 weeks early. This required me to be hospitalized for approxim...

    Richard’s Answer

    You may also be able to renew your ID online through the DDS website. They are even allowing document submission through the website. I would try this way first in your situation. More importantly, you need help with your probation violation. You cannot live life in the run. You need to hire an attorney and get the matter resolved.

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  • What happens if you get to the end of your probation and you haven't paid off all fees or community service?

    This is for felony probation most of the fees are paid along with community service it just won't be done by the end date. So what happens if it's not completed by the last day, it's for felony first offenders, plus we haven't heard from the PO in...

    Richard’s Answer

    If a person finishes the term of probation, there is no way for the state to enforce what remains of the sentence unless the judge has signed a tolling order. A tolling order would be requested by the probation officer in the event of a probation violation. In the event of a probation violation and tolling order, the sentence would not have expired as of the date the order was signed.

    Furthermore, if the a first offender sentence was tolled, not only can the remainder of the sentence be revoked, but the court can re-sentence your husband to a period of confinement up to the maximum allowed for what he was originally charged.

    He may in fact need to hire an attorney to find out if there is a probation violation and then to represent him thereon.

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  • What can i do to help my boyfriend who is facing criminal charges.

    Recently my boyfriend and I got in an incident were i called the police and wrote a statement against him. He is facing aggravated assault, aggravated battery, cruelty to children, obstruction of an office. He also pleaded first offender on anothe...

    Richard’s Answer

    I agree with the two answers. To elaborate, there is almost nothing you can do for him other than hire him the best lawyer you can find. He needs an attorney on 2 cases. The first is for the new charges. The second case is his original cases or cases for which he is on probation. The probation violation can many times be more serious than the new charges. The standard of proof on a probation violation is much lower than on the new charges. Hire him a lawyer right away.

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  • In a 13 count indictment if one count is wrong and they have to reindict do they have to reindict on just one count or would

    They have to reindict all 13 count and could they amendment instead of reindicting

    Richard’s Answer

    • Selected as best answer

    The District Attorney can dismiss that count and prosecute you on the rest of the indictment. If it's an accusation, the DA can file an amendment. If the defendant was indicted by the Grand Jury and the DA wants to prosecute on all counts, the case will have to go back before the Grand Jury.

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  • Do i need a lowyer? What should i do?

    i'm a permanent resident. A speeding ticket sais i was going 82/55 @ 857ft. Was taken with a laser. This is my first ticket and i don't belive i was going that fast. The car in front of me was from out of state and was definately going faster. The...

    Richard’s Answer

    For a first speeding ticket, you have an excellent chance to get the speed reduced. If the speed is reduced to 69/55 mph, it will not be reported on your drivers license. Find an attorney that handles speeding tickets and he/she can help you get the speed reduced. This advice assumes the ticket is in Georgia

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  • I was arrested for a DUI 4.5 years ago and my case is only now being put on a calendar call. Does this help or hinder my case?

    I had a previous DUI arrezt in1999 in Iowa, but I believe it is expunged.

    Richard’s Answer

    The answer is certainly possible. Police officers retire, move away, or run into their own legal problems. As a result, the arresting officer may be unavailable. Also evidence against you could be misplaced. It is important to have your DUI Lawyer check to see if the arresting officer and the other officers (such as the intox operator) are even available to testify against you. Also, if the delay caused you to lose the ability to raise certain defenses, the delay may be a violation of your constitutional right to a speedy trial. You need to hire an attorney to advise you as to those very important rights. Hire an attorney before your case is arraigned because your motions (including the speedy trial motion) need to be filed before arraignment.

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