Blawg of Attorney Christine M Bechtold

A police blotter is a written record of daily arrests in your area. Although you may be familiar with the blotter format, some of the terminology can be confusing. Georgia’s Criminal Code is defined in O.C.G.A. §§ 17-1-1 – 17-18-2. http://www.lexisnexis.com/hottopics/gacode/ .  A brief explanation of common charges is listed below: ·          Criminal Trespass : intentionally damaging the property of another in the amount of $500 or less; or entering the property of another for an unlawful purpose or without their authorization ·          Theft : taking property from another without their consent o    by Taking: unlawfully taking the property of another o    by Deception: obtaining the property of another by misleading o    by Shoplifting: taking merchandise from a retail establishment o    by Receiving: receiving another person’s property when you know it was obtained in a criminal matter ·          Robbery : intent to commit theft in the presence of another by use of force, int

YES! It is important to monitor your online profile and activity in this modern age. More and more courts are allowing online activity to be discussed in court.   “There are strictly defined legal limits on what information can be lifted and what is in the private domain and can be obtained only through legal procedures like subpoenas, depositions and discovery.” NYT 5/13/11 . Many people do not set their privacy settings high which may make their online activity in the public domain and easily used against them in court.   Even if your settings are limited, it is important to re-evaluate your settings from time to time.   Maybe one of your 300 facebook friends is also facebook friends with your future ex-spouse and they post a picture of you doing something you would rather keep private and not discussed in open court.   In fact, “sixty-six percent of the attorneys surveyed by the AAML [American Academy of Matrimonial Lawyers] called Facebook the unrivaled leader for online divo

Business or business casual attire is appropriate courtroom attire. Additionally, “in July 2009, the Georgia Judicial Council adopted a policy clarifying that religious headcoverings can be worn in Georgia courthouses.” AJC 5/5/11 . However, recently a judge did not allow a man to wear his religious headcovering repeatedly to a Henry County State Court. If you are in doubt about your clothing, consult the Court you will be attending to determine if they have any specific restrictions.  Perhaps more important than your clothing is the way you handle yourself while in Court.  We all need to treat the Court with seriousness and respect. Judges and others in the courtroom appreciate when courtroom decorum is respected. Be sure to turn your phone off, limit your conversations while in the courtroom, and when it is your turn in front of the judge speak clearly and concisely. If you have questions about courtroom decorum, call The Law Office of Christine M Bechtold, LLC at 770.466.2700 to s

Georgia’s State Legislature recently approved a new immigration bill ( HB 87 - Illegal Immigration Reform and Enforcement Act of 2011 ) but it has yet to be signed into law by Governor Deal. AJC 4/15/11 . This new bill is similar to the much publicized Arizona immigration bill, with a few changes.  Similar to Arizona, the Georgia bill allows local law enforcement to demand documentation of residency. It also empowers police to detain people they reasonably suspect are here illegally. NYTtimes 4/16/11 . The Georgia bill also establishes an Immigration Enforcement Review Board to investigate complaints about those same enforcements.  Unlike the Arizona bill, the Georgia bill softens the requirements for the federal E-Verify program and requires the investigation into a State run guest worker program by the state Agriculture Department. Opponents to the bill state that it will lead to discrimination and harassment towards Georgia immigrants. Those in

You decide. Georgia is one of only a few states that still ban retail sales of alcohol on Sundays, but that may soon change.  This week the state approved a bill to allow local communities to determine alcohol sales. WaltonTribune 4/14/11 . This change will allow local governments to decide about Sunday alcohol sales instead of the state, and  Loganvile may be one of the first cities to take on this issue. Voters can expect to see this topic on ballots soon. AJC 4/12/11 .

Yes and no. Georgia does not have specific statutes providing a presumptive grandparent-grandchild legal right, however, Georgia law does allow grandparents to seek custody or visitation with their grandchildren in some situations. Child custody and visitation are both based on the best interests of the child. http://bechtold-law.blogspot.com/2011/02/who-determines-child-custody.html . Georgia Courts have a strong preference to keep children with their parents; therefore when there is a disagreement, grandparents often have to endure a full legal proceeding in order to exercise their legal rights with their grandchildren. Even when grandparents have cared for their grandchildren in the absence of their parents, grandparent rights are not automatic; a Court Order is required to ensure custody or visitation with grandchildren. O.C.G.A. § 19-7-3(b). Additionally, grandparents are not authorized in Georgia to file an original action for grandchild

When you receive a jury summons in the mail it is required by law that you appear at the place listed on the summons. Being summoned for jury duty does not guarantee that you will actually serve on a jury. In fact, many counties in Georgia allow you to call the weekend before to see if you even need to be present for jury duty during the date listed. Many people have ideas about how to get out of jury duty, but there are only a few ways to legally avoid jury duty in Georgia: 1.       be seventy years old or above and sign an affidavit from the Clerk of Court’s office asking that you be removed from the jury list, 2.       be permanently mentally or physically disabled with an affidavit from your doctor, 3.       no longer be a resident of the county which summoned you to jury duty, or 4.       be a convicted felon whose civil rights have not been restored as the result of pardon. You can request that the Court make a onetime deferral or postponem