Blawg of Attorney Christine M Bechtold

“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 any

Parents often ask if they have to pay child support, and the simple answer is yes. Georgia, like all states, believes that child support is a parental obligation based on public policy. Child support belongs to the child not to the parents; therefore parents cannot negotiate away that obligation. Child support is paid by the non-custodial parent to the custodial parent “or other person to whom the custody of the child or children is awarded .” O.C.G.A. § 19-6-17 . The amount of child support starts with the Georgia Child Support Commission .  This organization has “ the purpose of studying and collecting information and data relating to awards of child support and to create and revise the child support obligation table.” Georgia Courts . The Georgia Child Support Commission publishes child support calculators to determine a presumptive child support amount. Georgia Child Support Commission Calculators . This presumptive amount can be deviated upon judicial approval.   It is importa

"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

Georgia family law revolves around the best interest of your child. The court determines both physical and legal custody of your child after divorce or separation with your child’s other parent. Georgia law provides that the courts are not to give preference to either mothers or fathers when determining physical and legal custody. Physical custody is where the child resides and typically means that the other parent will have visitation rights. Physical custody can be joint or sole. Joint physical custody means that the child takes turns residing with each parent equally. Sole physical custody means that the child resides with just one parent (the custodial parent). In Georgia, it is not common to see joint physical custody. Legal custody gives you the authority to make decisions concerning your child’s needs. These include decisions about religion, education, and non-emergency medical care. Legal custody, like physical custody, can be joint or sole. Parents with joint legal custody

The City of Loganville’s traffic citation amnesty program has been extended until 5:00 p.m. on September 16, 2011. waltontribune 8/31/11 . See prior post for details on the program. http://bechtold-law.blogspot.com/2011/07/outstanding-traffic-citation-in-city-of.html.

Much like the program offered in Gwinnett County in March 2011 bechtold-law.blogspot.com 2/28/11 , the City of Loganville’s traffic citation amnesty program begins August 1, 2011. Amnesty will be granted for persons having unpaid citations including contempt of court fees and failure to appear warrants. AJC 7/15/11 . This amnesty will allow citizens to clear their cases and, in some cases, even have their contempt of court fee waived. “Each case will be evaluated based on the offense and there will be some instances where some outstanding warrants will be cleared without an arrest.”  WaltonTribune 7/19/11 . Judge Brad Brownlow from the City of Loganville stated that “This will be their last opportunity to clear their cases without facing arrests and possible jail time.”  WaltonTribune 7/19/11 . If you have an outstanding traffic citation from the City of Loganville and you would like to take advantage of its amnesty program, contact the City of Loganville Municipal Court at 770.46

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. When the su