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Richmond Hill Georgia Legal Blog

Explaining your Miranda Rights

Have you ever been questioned by the police, read your rights and not known what they meant or how to respond? The reading of your rights seems straightforward but there’s quite a bit that goes into it. For instance, if at any point during questioning, you wish to exercise your right to remain silent, the police must stop their questions. You can be arrested without first being read your rights because the police are only required to read the Miranda Warning if they plan to interrogate. If you’re questioned later, the investigator must read you your rights before questioning.

If public safety is in question, you can be interrogated without having your rights read to you and any evidence found can be used against you in court. If arrested, you would still have to answer general questions about your name, address, etc. Also, you can be searched, and any confession given before being read your Miranda Rights may be used as evidence in court.

Why opt for an uncontested divorce with your spouse?

When deciding to divorce, you and your spouse need to undoubtedly discuss the logistics. Aside from all the emotional trauma that typically accompanies marital dissolution, there are some key things to consider. The path out of marriage usually has two main options; contested or uncontested. What’s the difference? A lot.

Contested divorces are tug-a-war divorces. This may include child custody issues, child support/alimony amounts, division of assets, and more. The list of things to argue over are almost endless in contested divorces. They often cost more and last longer in court than any other type of divorce. Why opt for an uncontested divorce?

What questions should your estate plan answer?

Figuring out how to even start your estate plan can be difficult. You probably have a lot of questions. Funnily enough, having questions might be the best way to begin creating your plan.

Fundamentally, your estate plan is a comprehensive set of answers to some serious questions. An estate plan should answer all the questions you and your family have about your future and what will happen to you, your estate and belongings.

How does Georgia determine child custody?

Child custody agreements are one of the most difficult aspects of a divorce. Weekends, school breaks and holidays are usually important dates for families, and you must suddenly share them. Just because two people no longer desire to remain together doesn’t mean they don’t want to be in their child’s life.

According to a 2018 study, Georgia fathers receive the fifth-least amount of custody time among the 50 states. Only Illinois, Mississippi, Oklahoma and Tennessee ranked lower. This is a sad reality for many Georgia families. It’s unclear from the law alone why Georgia fathers don’t receive more parenting time.

What requirements does Georgia have for divorce?

If you are thinking about asking for a divorce, it is important to be familiar with Georgia's requirements for divorce. Just as there are legal requirements to get married, there are legal requirements to get divorced.

You or your spouse must be a resident of Georgia for six months before you can file a petition for divorce, and in your petition you must list a legally valid reason, called a ground, for divorce. Although the residency requirement is fairly straightforward, people are sometimes confused about which ground they should choose.

What happens to a soldier charged with a DUI off the base?

Many forget that soldiers are, for the most part, young people prone to momentary mistakes and impetuousness. But momentary bad decisions can have serious, long-term repercussions.

If you are a soldier on active duty and stationed at a military base, you could face both civil and military punishment if charged with a DUI while off the base.

Still wondering if you need an estate plan? This can help

One problem with estate planning is that it can seem like such an easy thing to put off for later but can have enormous consequences when you do not have it. If you are wondering if you should begin your estate planning, the best advice may come down to it’s better to be safe than sorry.

Many people think estate planning is not for them because they are not wealthy enough. However, it does not matter the size of your estate, there are many decisions that go into estate planning that can be of importance immediately. These can include who will make certain financial or health decisions if you become incapacitated in some way. It can also detail your wishes of who takes care of your children if something were to happen to you. Without an estate plan, someone else will make these important decisions for you.

Contesting a will in Georgia

If you have found the terms of a will are not to your liking, is it possible to contest it for a change? There are ways to contest a will, but you are not able to do it legally if it is because you do not like what it says. When contesting a will, you are contesting the whole will and not just trying to change or invalidate one aspect of it. In the state of Georgia, there are four legal reasons to contest a will and each one of them will have their own challenges.  

Don’t make these mistakes during your divorce

You probably know that divorce can be incredibly complicated. It is an emotionally charged process and a lot of parts of it can go wrong. The last thing you want to do is make anything worse, but it is easy to make mistakes and accidentally make the process even more difficult.

Here are five common mistakes people make during their divorce, so you can be aware of them. Avoiding these can help your divorce go as smoothly as possible.

You can still get a DUI below the legal limit

It’s common knowledge at this point that drivers caught with blood alcohol concentration (BAC) that was at least 0.08 percent will receive DUI charges. Those aware of it go to a bar and try to limit their alcohol intake so they can still have a good time without going overboard enough to face a DUI conviction.

However, Georgia has some unique laws when it comes to drunk driving. While most states may not be able to press charges if the defendant’s BAC is below the legal limit, Georgia courts can convict you regardless if your BAC is a 0.07 or a 0.02. It is crucial to be aware of the state’s drinking laws before you and your buddies head out to the local bar.

Tyler Lee Randolph, P.C.

2591 U.S. Highway 17, Suite 203, | Richmond Hill, GA 31324 | Phone: 912-756-6001 | Fax: 866-518-0489 | Map & Directions

617 Stephenson Avenue, Suite 102, | Savannah, GA 31405 | Phone: 912-662-5536 | Fax: 866-518-0489 |  Map & Directions