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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 …

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 …

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 …

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 …

Helping Reduce the Rate of Repeat Offenders through the GRIP Program

According to the United Way of Greater Atlanta, “approximately 10 percent of the population entering jail or prison is homeless,” which means that as these incarcerated individuals reenter society upon their release from jail or prison, they are likely to return to the streets. As attorneys, we see first-hand the challenges facing those who have …

HB 310 Expands Access to Georgia’s First Offender Act

Most people have experienced a moment in life when they had a lapse in judgment.  Georgia’s First Offender Act (O.C.G.A. 42-8-60 et. seq.) is a law aimed at giving some first time offenders a second chance.  For those who are eligible, the First Offender Act protects a person from a conviction and seals the charge from …

Understanding Georgia’s 911 Medical Amnesty Law

According to the Centers for Disease Control and Prevention, an average of 44 people in our country die from an overdose of prescription painkillers each day.  Trust for America’s Health further specifies that the number of drug overdose deaths in Georgia has tripled between 2010 and 2013, with prescription drug related deaths now outnumbering deaths …

Client Testimonial Following Highly Contested Divorce Matter

Divorce is one of the most stressful and emotionally draining events that can happen in a person’s life.   At Andersen, Tate & Carr, P.C., we are not only passionate about being legal advocates for our clients; we are dedicated to being compassionate and understanding during our client’s time of need. Recently, Trinity Hundredmark received this …

Experienced Defense Attorney Pat McDonough Gets Tough DUI Case Dismissed

After attending a family event and enjoying a couple of cocktails, a 49-year-old Gwinnett County resident and business-owner caught the attention of local law enforcement when they spotted her car weaving on the road. The police officer pulled her over, asked about any pre-existing medical issues and began running through a series of sobriety tests. …

What You Need to Know About Your Georgia DUI

Driving under the influence of alcohol is an offense that the State of Georgia does not take lightly. Although DUIs are typically considered misdemeanors, there can be extenuating circumstances that advance it to be a felony charge. Typically, the officer will first try to establish how much you have had to drink and then request …

State and Federal Cases: Do You Know the Difference?

There is a general misconception that Federal courts handle severe offenses, while State courts handle less harsh crimes. However, this isn’t always the case. In fact, Federal courts deal only with violations against Federal law. If an offense goes against both Federal and State law, the Federal courts can decide whether they will pick up …

What to Do If Your Teen is Caught Shoplifting

Most parents are shocked when their child is caught for shoplifting. After all, these offenders are often good kids from good families that maintain above-average grades. One bad judgment call can result in an offense that is subject to both civil and criminal penalties. If prosecuted, the stigma can follow these young offenders longer than …

ATC’s Trinity Hundredmark & Martina Palatto appointed to state bar YLD Board of Directors

Trinity M. Hundredmark and Martina G. Palatto of Andersen, Tate & Carr P.C. in Duluth have been appointed to serve on the Young Lawyers Division of the State Bar of Georgia as part of the Board of Directors. Hundredmark and Palatto will act as directors of special projects for education and will assist in promoting …

Pat McDonough and Trinity Hundredmark Win Appeal for Kenerly

On September 14, 2009, the Gwinnett County District Attorney, Danny Porter, requested that a special purpose grand jury be impaneled to investigate “[t]he acquisition of real property by the Gwinnett County Board of Commissioners.” On September 23, 2009, the Chief Judge of the Gwinnett County Superior Court entered an Order impaneling a special purpose grand …