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Richard Scott Lawson
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Richard Lawson’s Answers

146 total


  • Is there any way to have time served counted while waiting in county jail?

    My friend was sentenced to 6-9 months in a probation detention center. This was his first offenders act and he was not on probation before he was sentence. My friend has been in the county jail for 64 days. The judge said that he could sit in coun...

    Richard’s Answer

    As a matter of law a person is entitled to credit for time served while awaiting a plea or trial. However, if the person is being held on another sentence then they may not get credit. For example, if someone is serving a sentence in one county on a probation violation, they may not be accruing time served on their new charge. However, a person's attorney can sometimes still negiciate credit for time served even if being held on another charge.

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  • Could my P.O find out if i was arrested in another County?

    I work out of county and i was arrested and charge with marijuana possession, and not obeying and i would like to know if there is a way that he could find out or knowing of this?

    Richard’s Answer

    Yes, your probation officer can find out. Many probation officer's run your GCIC (criminal history) before every visit. If so, they will see the arrest. Also, failure to tell your P.O of a new arrest is a further violation of probation. Hire a lawyer to negotiate with your probation prior to your next scheduled visit. That is your best chance of staying out of jail or minimizing the impact.

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  • How to get a bond set for son who has been in jail for 72 hours exceededtime

    arrested and held in county jail for more than 72 hours, has not set bond or they say they lost it it was set at 25,0000 and now they cannot find it

    Richard’s Answer

    In the event the bond was "lost" you need to hire an attorney to file a motion for bond. Hopefully then a consent bond could be reached or there can be bond hearing. However, for some offenses there is no automatic bond. For certain felony crimes, a motion for bond must be filed in Superior Court. It is possible if the offense is only bondable by a Superior Court Judge they incorrectly set bond and discovered their error. Either way hire an attorney to get a bond in this case.

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  • I got charged with shoplifting what do i do????????????

    i stole a 2 dollar item out of a dollar store and i was in line paying for some of the item's she was actually buying and the cashier kept taking people in front of me. finally they checked me out and the cops came in. the cashier was like the it...

    Richard’s Answer

    You definitely need representation. You are facing the loss of all you have worked for in school. An attorney will be able to hopefully negotiate a diversion program for the shoplifting as well as expungement. Without both you will have the theft on your record. Don't focus on the amount of the theft or the cost of any fines. Focus on the outcome of the case. You need the best possible representation to make sure you can pursue your career.

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  • What can happen?

    I was with my friend at a park with a big group of people. The cops came because the park was closing, my friend was packing a bowl right as the cops showed up & she was arrested right then and there. She is 16 & the police took her pipe and said ...

    Richard’s Answer

    I agree with Attorney Rockefeller. There is no way they would go to the expense of testing for DNA in a minor misdemeanor case. The officer was attempted to trick you into admitting who smoked or handled the marijuana. If you are charged with possession of the marijuana get an attorney to help you.

    Richard Lawson

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  • My son was locked up for loitering and prowl he is 17 first time ever in any trouble can you get a fine or will he get probation

    Or community service

    Richard’s Answer

    There are many defenses to a loitering charge because the charge itself is very subjective. Many normal activities can be considered loitering. This is not a black and white charge. I would suggest you hire an attorney for your son. The case could possibly be dismissed. Otherwise, he may qualify for a diversion program that would ultimately result in a dismissal. At a minimum, he would likely get first offender probation.

    Richard Lawson
    Attorney at Law

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  • I have a warrant on a 1st dui in henry county. What should i do?

    i went to court because they wanted to revoke my probation. For doing any of my terms, which is untrue. I have done 40hrs of community service. But on my petion of revocation, it says i have 0hrs. While I was in court, i noticed that my lawyer...

    Richard’s Answer

    I agree with Attorney Hawkins. The reason you hire a lawyer is to have someone advocating for you on the outside once you turn yourself in. A public defender can be appointed once arrested, but you are not legally entitled to a public defender on a probation violation. Also, even if appointed, it could take several days for a public defender to come see you. With a private lawyer, you can arrange a turn in time and have that attorney immediately working with the probation officer and prosecutor to get your before the court as quickly as possible. That is the best way to get out of jail as soon as possible.

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  • If my lawyer says its not necessary for me to attend my als hearing for my 1st offense dui, is that "good advice"?

    Should I really ignore that he issaying its ok not to be there and make sure I go? Would this help me in anyway by being there?

    Richard’s Answer

    Many attorneys do not want their client there because it makes it difficult to have a frank and honest conversation with the arresting officer while their client is looking over their shoulder. Also, your attorney would never let you testify at the hearing. Therefore, there is no advantage having you at the hearing. You should make yourself available for your attorney to call you.

    Ot course, its your case. If you want to attend, tell your attorney you want to attend. That should be the end of the discussion. It's your case and you have every right to attend the hearing. In my practice, I tell clients their appearance is not needed, but I have never tried to prevent an client from attending any hearing in their case.

    I would also say that if you are concerned at this early stage in the proceeding you need to learn to trust your attorney's advice. Otherwise, you have the wrong attorney.

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  • Do people really ever win at an ALS hearing for 1st offense DUI?

    Will they look at the FST video at the hearing? Do the arresting cops normally show up? I blew a .095 and believe the officer did not read my implied consent, but a good amount of time has passed and a lot was going on, and I’m not sure how to fin...

    Richard’s Answer

    It is absolutely possible to win an ALS hearing in Georgia. However, even if you lose the hearing (if this is a first offense, and you took the State-administered test, and you do not have a prior mandatory suspension offense such as hit and run, racing, etc.), then you will qualify for a restricted permit immediately with full reinstatement after 30 days. So, having the hearing itself is a win for you. Much can be learned when you have an opportunity to question a non-represented police officer. There is no prosecutor representing the police officer unless it’s a Georgia State Patrol Officer. There may also be a video that will show that implied consent was not read. Yes, your attorney can play that video at the ALS hearing. You need to hire an attorney to handle your case.

    Richard Lawson,
    Attorney at Law

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  • Georgia DMV practices relating to the DLC and NDR

    My WA driving license is suspended for a refusal to blow DUI. I am contemplating moving to GA and am interested in the ramifications of trying to obtain a GA license. It is my understanding that GA is not a member of the driver license compact ...

    Richard’s Answer

    My experience is that Georgia will not issue a license to someone who cannot bring in a valid license or a clearance letter from the State that they have a license. I deal with this all the time because my practice is located in North Georgia. I have many clients with Tennessee and North Carolina licenses. Many live on the Georgia border. Many also have family in Georgia and move back and forth. In order to get a Georgia license they cannot have a hold on their license in any other state. That has been my experience. Also, the license in the home state must be a full license, not a DUI permit. There cannot even be an administrative suspension.

    The best bet is to hire a lawyer in your home state to restore your drivers license before moving

    Richard Lawson
    Attorney at Law

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