Dealing with Outstanding Warrants in Cobb County
Most criminal offenses have a statute of limitations. But once authorities issue a warrant, there is no statute of limitations. That warrant could remain active for years. Most of the outstanding warrant matters we handle involve warrants which are about three years old. When people must renew their driver’s’ licenses, they usually get around to […]
Setting, Modifying, and Enforcing Alimony in Cobb County
A number of states have changed their alimony laws in recent years, so that spousal support is more like child support. A guideline formula, which is usually based on income disparity and length of the marriage, is presumptively reasonable in most cases. But Georgia still has rather subjective alimony laws. Both initial determinations and subsequent […]
What You Should Know About DUI Checkpoints
During holiday weekends, like July Fourth Weekend, peace officers are usually out in force, looking for intoxicated motorists. Sometimes, the emphasis comes during a pre-shift briefing, when supervisors tell officers to look out for drunk drivers. Other times, these efforts are more organized. Supervisors pull officers off their normal routes and shifts, redeploy them to […]
The Two Sides of a Hit-and-Run Accident
Fear of financial responsibility is the leading cause of hit-and-run accidents in Georgia. The Peachtree state has one of the highest percentages of uninsured drivers in the country. At the same time, Georgia has one of the nation’s lowest auto insurance minimum requirements. Therefore, a significant number of Cobb County motorists are either uninsured or […]
Five Common Search Warrant Exceptions
The Fourth Amendment, which bans unreasonable searches and seizures, was a direct response to an English abuse of power. In colonial Georgia, British officials used writs of assistance instead of search warrants, to “assist” customs officers who were looking for smugglers. A writ of assistance was basically a blank search warrant which was valid at […]
How Do You Know When to Report Child Abuse?
If You See Something, Say Something: How Do You Know When to Report Child Abuse? During the coronavirus pandemic, reports of child abuse in Georgia dropped precipitously. According to many experts, that’s probably not a good thing. Coronavirus lockdowns were hard on everyone, especially from a financial standpoint. People who were barely making ends meet […]
Defending Assault Charges in Cobb County
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As the criminal justice system goes back to full speed following coronavirus lockdowns, there might be some new wrinkles in the assault cases which dominate misdemeanor court dockets in Cobb County. Pandemic stress increased domestic assault responses by as much as 50 percent in some areas. Most law enforcement agencies have mandatory arrest policies in […]
Who Was That (Un)Masked Man: Facemasks, Criminal Trespass, and Other Random Musings
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As of the spring of 2021, the coronavirus pandemic is clearly in its late stages. The easing of facemask and other requirements brings laws like Section 16-7-21 into the forefront. Georgia’s criminal trespass law is perhaps the broadest criminal law on the books. It places police power in the hands of private business-owners. However, these […]
If I Failed a Chemical Test, Am I Automatically Guilty of DUI?
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Looking only at the Georgia law, it would appear that the answer to this question is “yes.” The Peachtree State has a per se DUI law. If the defendant’s BAC level is above the legal limit, the defendant is intoxicated as a matter of law. Physical symptoms of intoxication, or the lack thereof, are irrelevant. […]
Selecting the Best Marietta Criminal Defense Lawyer
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Georgia has more lawyers than almost any other jurisdiction in the country. There are almost 33,000 licensed attorneys in the Peachtree State. That’s roughly 31 attorneys for every 10,000 residents. At first, pretty much all these lawyers seem the same. They all cherry-pick the highest ratings to highlight on Google and they all tout their […]