Both Criminal Trespass (O.C.G.A. § 16-7-21) and Criminal Damage to Property are crimes related to damage and intrusion upon property. However, the charges carry major differences, resulting in vastly different punishments. Criminal Trespass Criminal Trespass (O.C.G.A. § 16-7-21) charges can be brought against someone who intentionally causes less than $500 worth of damages any property …
Tag Archives: Family Law Attorney Gwinnett County
A Client Success Story: Beating a Felony “Fleeing and Attempting to Elude” Charge
Being charged with DUI, hit and run, and reckless driving is a distressing situation for any driver, but also being charged with fleeing and attempting to elude police officers and strikes or collides with another vehicle (O.C.G.A. § 40-6-395(b)(5)(A)) adds an additional layer of complication. In Georgia, fleeing and attempting to elude law enforcement is …
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A Client Success Story: Medical Care Instead of Battery Charges
When a situation becomes violent, it can be scary for everyone involved. However, after the situation passes, there are so many explanations as to why a violent reaction occurred. This is what we uncovered during a recent case. Our 32-year-old client agreed to watch his sister’s two young children while she and her mother flew …
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Disproving the 3 Biggest Myths About Shoplifting in Georgia
According to the National Association for Shoplifting Prevention, approximately 27 million people shoplift or have shoplifted in the U.S. That breaks down to about 1 out of every 11 Americans, and they estimate that 75% are adults. For many, shoplifting can seem like it’s no big deal, but the truth is that shoplifting is a …
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Understanding Family Violence Protective Orders in Georgia
In Georgia, the term family violence is generally used when a family member or someone living in your household harms you, attempts to harm you, or gives you reasonable reason to believe he or she will harm you in the future (O.C.G.A. § 19-13-1). This may include battery, simple battery, simple assault, assault, stalking, criminal …
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4 Things You Need to Do Immediately After a DUI Arrest
A DUI arrest is often a scary and stressful time for the person charged. You likely have many questions and several thoughts racing through your mind. We often find that our clients wonder what to do next, if they will lose their license or automobile insurance, and whom they should call for advice. Preparation is …
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Fix Then Fight to Respond to Serial ADA suits
In 2016, the number of civil lawsuits filed under the Americans With Disabilities Act (ADA) continued to climb, up 28% from the previous year. The vast majority of the increase in claims came not from discrimination in employment, but in non-employment cases, which increased 36% from the year before. While many ADA suits present valid …
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Neighbor Trespasses and Cuts Trees, Leads to Verdict of Treble and Punitive Damages
ATC lawyer Tyler Dillard recently represented a Gwinnett County property owner in a case involving claims for trespass and cutting timber. The client’s neighbor cut down two large trees near the property line without the permission of the client. After the client and the neighbor were unable to work out the dispute, the client represented …
How to Have the “Divorce Talk” With Your Children
Sharing the news with your children that you are divorcing is one of the most difficult parent-child conversations you will ever have. Whether or not the decision to divorce is beyond your control, the conversation should be handled with tact, grace, and understanding. This is a critical opportunity to set the tone for your children’s …
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Mistakes Parents Should Avoid Making During Custody Battles
Divorce can be a nasty battle that leaves both parents scarred and without any hope of resolving parenting issues amicably in the future. Having an agreed upon parenting plan in place eliminates the need to go to Court to seek a child custody order. When parents are unable to develop a mutually agreeable parenting plan, …
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3 Ways an Arson Conviction Can Tarnish Your Record
Georgia law defines arson as the willful and malicious burning or charring of property. Because not all courts treat arson cases the same, your first step should be a consultation with an experienced criminal defense attorney who can help determine the best way to proceed with your case. For example, knowingly setting fire to a …
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4 Must-Ask Questions for Your Divorce Attorney
For many people, getting a divorce is one of the most stressful and trying times in their life. From finalizing the custody of children to dividing up a couple’s shared assets, it is important to choose an experienced attorney who makes you comfortable and works tirelessly to achieve a successful outcome. Typically, the initial consultation …
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Andersen, Tate & Carr Attorney Patrick McDonough Named one of Georgia’s Legal Elite
Andersen, Tate & Carr, P.C. (ATC Law) is proud to announce that Acquisition International Magazine has selected criminal practice division lead attorney Patrick McDonough as one of ‘Georgia’s Legal Elite’. The merit-led award is designed to commend legal leading professionals from across Georgia for their tireless work that helps both individuals and businesses alike. The …
Over the Hills and Far Away: Defending Lawsuits Filed in Other States
There are few things in the life of a business owner that are less enjoyable than getting sued. This already painful process can be even more stressful if you are unlucky enough to get sued by someone in a different state. The challenges associated with finding an attorney to defend you, answering a complaint, participating …
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Andersen, Tate and Carr Invites the Community to its Relay For Life Cookout
Andersen, Tate and Carr, P.C. invites the public to attend the firm’s annual cookout in support of Relay for Life, The cookout will be held on Thursday, April 20, 11:30 a.m. – 1:30 p.m., in the upper level parking deck located at 1960 Satellite Blvd., Duluth, GA 30097. The event is designed to foster the …
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Avvo Recognizes Trinity Hundredmark with the Clients’ Choice Award
Andersen, Tate & Carr, P.C. (ATC Law) is proud to announce that Avvo has recognized attorney Trinity Hundredmark with its Clients’ Choice Award. Ms. Hundredmark joins fellow attorney Patrick McDonough as an Avvo Clients’ Choice Award recipient. Currently, she leads the domestic relations practice division for ATC Law, while also working within the criminal defense …
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Can I Recover the Cost of My Attorney’s Fees?
I am often asked by clients whether the attorney’s fees and expenses associated with litigation can be recovered from the opposing party. The general rule in Georgia is that each party bears its own legal fees. But, there are circumstances where Georgia does allow a party to recover its legal expenses from the opposing party. …
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Misclassification of Independent Contractors Leads to $105,000 FMLA Recovery
Andersen, Tate & Carr attorneys Tyler Dillard and Liz Clack-Freeman recently represented an individual in a lawsuit alleging a violation of The Family and Medical Leave Act of 1993 (FMLA). The FMLA requires certain employers to provide employees with job-protection and unpaid leave for qualified medical and family reasons. In this particular case, the client …
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A Time to Share: The 411 on Timeshare Ownership
Since 1996, timeshare plans have piqued the interest of vacationers all over the United States. Low prices and convenience make timeshares an attractive option to buyers. But a thick cloak of categories leaves timeshares a mystery to many purchasers, who sometimes impulse-buy their timeshare and then ask for legal clarification on what their ownership interest …
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Andersen, Tate & Carr Attorney Patrick McDonough Receives AV Judicial Edition Preeminent Rating™ from, Martindale-Hubbell®
Andersen, Tate & Carr, P.C. (ATC Law) is proud to announce that Martindale-Hubbell® has recognized criminal division attorney Patrick McDonough with its AV Judicial Edition Preeminent Rating™. Known as one of the most sought after criminal defense attorneys in Georgia, Mr. McDonough’s practice includes both state and federal white-collar crime and general criminal defense. He …