Blawg of Attorney Christine M Bechtold

Independence Day is one of the most important federal holidays in the United States commemorating the Declaration of Independence , which declared our independence from the Kingdom of Great Britain. “What Jefferson did was to summarize this philosophy in ‘self-evident truths’ and set forth a list of grievances against the King in order to justify before the world the breaking of ties between the colonies and the mother country.” www.archives.gov In the Declaration of Independence Thomas Jefferson describes why the Declaration is necessary:  " The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States.” Declaration of Independence " He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, ...

Today, September 17, 2012 is Constitution Day! What does that mean? “ Constitution Day commemorates the formation and signing of the U.S. Constitution by thirty-nine brave men on September 17, 1787, recognizing all who, are born in the U.S. or by naturalization, have become citizens.” http://www.constitutionday.com/ . After much debate, the Constitutional Convention signed the actual document on this day in 1787. “Among the chief points at issue were how much power to allow the central government, how many representatives in Congress to allow each state, and how these representatives should be elected--directly by the people or by the state legislators.” http://www.archives.gov/exhibits/charters/constitution.html . The framers of The Constitution drafted the document to allow for its amendment. U. S Constitution, Article V, Section 1. Many are familiar with the first ten Amendments, which are commonly referred to as the Bill of Rights, but now there are twenty seven Ame...

Independence Day, is one of the most important federal holidays in the United States commemorating the adoption of the Declaration of Independence on July 4, 1776, declaring independence from the Kingdom of Great Britain. Many people remember the popular quote, “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights that among these are Life, Liberty and the pursuit of Happiness.” Declaration of Independence However, later in the Declaration, Thomas Jefferson spells out in detail why the Declaration is necessary:     "But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security." Declaration of Independence "A Prince whose character is thus marked by every act which may ...

“A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed."   U.S. Const. amend. II . This Second Amendment of the U.S. Constitution is generally referred to simply as the “right to bear arms.” The United States Supreme Court recently addressed the Second Amendment and found that, “The Second Amendment protects an individual right to possess a firearm unconnected with service in a militia, and to use that arm for traditionally lawful purposes, such as self-defense within the home.”  District of Columbia v. Heller, 554 U.S. 570 (2008) .  Our Second Amendment right is regulated by each specific state. Georgia’s specific law is the "Georgia Firearms and Weapons Act." O.C.G.A. § 16-11-120 . In Georgia, the Judge of the Probate Court in your county has the authority to issue a valid firearms permit to qualified applicants. This firearm permit “shall authorize that person to carry...

"In all criminal prosecutions, the accused shall enjoy the right . . . to be confronted with the witnesses against him."  U.S. Const. amend. VI . This section of the sixth amendment of the U.S. Constitution is also known as the Confrontation Clause. The idea behind this amendment is that a defendant should have the opportunity to cross-examine and challenge the credibility of people making statements about him. In general, this right only applies when hearsay evidence is offered against a criminal defendant. The Confrontation Clause is often confusing because there are many exclusions when it does not apply. In fact, the issue of exclusion was recently brought before the United States Supreme Court. In their Michigan v. Bryant decision, the Supreme Court held that the admission of a dying man's statements was not a violation of the Confrontation Clause. SupremeCourt Michigan v. Bryant . The majority decision stated that the Confrontation Clause was not violated beca...

Walton County Sheriff’s Office recently found a large amount of illegal drugs in a vehicle on highway 78.  “The deputy stated the tint was so dark there no way to determine if the driver was wearing a seat belt, leading to the belief visibility was less than 32 percent. The deputy turned around and initiated a traffic stop west of Cheek Road. “ Walton Tribune 6/19/2011 . After the traffic stop, the Sheriff’s deputy reported a strong odor and that the driver was breathing heavily and shaking. The driver consented to a search of both his body and his vehicle, during which time the Sheriff’s deputy “reported a strong odor of marijuana emanating from the back of the vehicle. A search of the back of the vehicle revealed two suitcases secured by padlocks.” Walton Tribune 6/19/2011 . The driver then refused consent for the deputy to search the suitcases. However, the deputy obtained legal authority to search the suitcases when the vehicle was later towed to the Sheriff’s office. Wh...

The Fourth Amendment to the United States Constitution states, " The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.” U.S. Const. amend. IV . The United State Supreme Court clarified this in their 1968 Terry vs. Ohio decision. They held that the Constitutional Fourth Amendment prohibition on unreasonable searches and seizures is not violated when a police officer stops a suspect on the street and frisks him without probable cause to arrest, if the police officer has a reasonable suspicion that the person has committed, is committing, or is about to commit a crime.  This is often referred to as a Terry Stop and allows the officer to conduct a pat-down to search for weapo...