On June 18, 2014, Justin Ross Harris strapped his 22 month-old son, Cooper Harris, into his car seat and drove to work. On a normal day, Cooper would have been dropped off at daycare on the way to Justin’s work; but a tragedy occurred that day instead. After a stop at Chick Fil-A, Justin Harris …
Tag Archives: Criminal Defense Gwinnett County
Miranda Rights: What They Are, How They Work, and What You Can Do to Protect Yourself
What Are Miranda Rights? Many people associate the term “Miranda Rights” with a potential get-out-of-jail-free card. It’s a common misconception that if you are not read your Miranda Rights, which all evidence will be thrown out, and your criminal case will automatically be dismissed. In some cases, the suppression of the defendant’s statement may lead …
How to Pick the Right Georgia Attorneys When You Face Charges for Arson
When it comes to arson charges, they vary from serious to much more serious. Though classified as first, second, or third degree, they are all prosecuted as felonies. Sentencing varies based upon the degree of the charge. If you are facing potential arson charges, you need to know how each degree is different, and what …
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What You Need to Know About Animal Cruelty Charges and Penalties in Georgia
Animal cruelty charges frequently escalate into high-profile cases that are exploited and widely promulgated through media and news outlets, especially when celebrities and public figures are involved. The emotionally charged nature of this crime often results in a prejudiced backlash against the accused before they have had to chance to defend themselves. While animal cruelty …
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6 Things You Need To Know About Georgia Child Support
Divorce is painful and emotional for all parties involved, especially when children are affected by the ending of the marriage. Even if both parties have easily solved the custodial agreements, there can often be a much more difficult battle over child support. The Family Law Attorneys at Andersen, Tate & Carr specialize in generating results …
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Securing a Temporary Protective Order (TPO) in the State of Georgia
A Temporary Protective Order, or TPO, is an order issued by the court designed to protect victims of “family violence” from harassment and/or abuse. The order will require that the alleged aggressor keep a distance from the petitioner’s place of residency and employment, and prohibits them from initiating any kind of contact. This order may …
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Be Prepared: Understanding Georgia’s DUI Laws
Finding yourself pulled to the side of the road after stopping for a drink with a friend can be a terrifying moment. Even if you’ve only had one alcoholic beverage, you could be driving illegally, and in the moment, it can be impossible to know for sure. Many drivers don’t understand Georgia’s Driving Under the …
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Georgia’s Governor Vetoes Religious Liberty Bill, but Opponents say the Fight Isn’t Over
The controversy continues over Georgia’s so called “religious liberty” bill. House Bill 757 would allow faith-based organizations to deny services to those who violate their “sincerely held religious belief.” Under the bill, clergy could refuse to perform gay marriages, and opponents of same-sex marriage would be allowed to deny services to gay and lesbian couples. …
Understanding Stalking Charges in the State of Georgia
Stalking is considered a serious crime that can carry significant sentencing. Stalking is no longer limited to traditional forms of contact, as it now encompasses new forms of electronic communication. In some cases, alleged victims of stalking will provide false information to authorities or mistakenly identify their stalker, so it is critical to understand what constitutes …
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Removal From the Georgia Sex Offender Registry: an ATC Success Story
Our client, a middle-aged male, was convicted on two counts of child molestation for inappropriate contact with his minor children in 1994. The charges were brought against our client during a time when he and his ex-wife were engaged in a dispute over custody and visitation. He was sentenced to five years in prison, and …
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White-Collar Crime: Charges and Consequences in the State of Georgia
White-collar crime encompasses a full range of financially motivated, nonviolent crimes committed by individuals, businesses, and government officials. There are many different types of white-collar crimes, and depending on the circumstances, charges can be brought as either a misdemeanor or a felony. In addition, an individual convicted of a white-collar crime may face civil lawsuits …
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Understanding Custody Modification in Georgia
When parents decide to get a divorce or unwed parents have a child, custody agreements get put in place. In Georgia, child custody and visitation orders are always based on the best interests of the child. When evaluating the child’s best interests, parents submit parenting plans to the court, which may include topics such as …
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The Basics of Georgia Child Support Laws
For many parents who have either never been married or are divorced, child support plays a major role in their financial realities. While the laws can become rather complicated, having a cursory understanding of the basics of Georgia’s child support laws can help parents comprehend and plan for child support payments. Income Shares Model of …
What’s Yours and What’s Mine: Understanding Commingled Marital Assets
In many divorces, one of the most common areas of contention is the division of assets. Whether discussing property, savings, or even debt, this step can be stressful and emotionally-charged, especially if either of the parties are entering into the discussion with unrealistic expectations. Therefore, understanding the concepts of marital property, separate property, and commingled …
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Understanding Criminal Property Damage Charges
In Georgia, criminal property damage is the most common form of property damage. Broken down into 1st and 2nd degree charges, both forms of criminal property damage are felonies and can lead to life-altering consequences. However, the severity of sentencing relies heavily on whether the defendant is charged with 1st degree or 2nd degree criminal …
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A Father’s Responsibilities: Understanding the Issue of Legitimacy in Georgia Family Law
In the State of Georgia, paternity and legitimization of a child born out of wedlock were long held as two different processes. Paternity established that the man was the biological father, but the law required a child to be legitimate before the father could pursue custody and visitation issues. However, since 2005, parents can establish …
Assault and Battery: Understanding Georgia’s Assault Laws
In the State of Georgia, the assault laws include offenses for assault and battery, and both are taken very seriously. Depending on the details of the charges, both assault and battery can be either a misdemeanor or a felony. The difference between assault and battery is rather simple: Assault is the threat of or attempted …
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Understanding the Impact of Contested Versus Uncontested Divorces in Georgia
When speaking with a lawyer about an intended divorce, the first question that he or she may ask is whether it is uncontested or contested. This can mean the difference between a relatively simple parting of ways or a complex process of court-mandated terms. Uncontested Divorces In an uncontested divorce, both spouses agree on all …
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Successful Motion to Suppress Results in Dismissed DUI Case
In a recent DUI case, Patrick McDonough of Andersen, Tate & Carr filed a Motion to Suppress on behalf of his client, resulting in a successful dismissal of the case being brought against the Defendant. Last April, a 19-year-old driver was pulled over for a suspected DUI in Athens, Georgia. An officer from the Athens-Clarke …
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Issues Surrounding the Implied Consent Statute Get Some Key DUI Evidence Suppressed
A recent ruling by the Georgia Supreme Court may be challenging the constitutionality of some DUI chemical tests. In March of this year, the Georgia Supreme Court ruled that John Williams, who was pulled over for a suspected DUI in 2012, may not have “actually” consented to giving his blood. In Williams v. The State …