Blawg of Attorney Christine M Bechtold

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

Yes! Parent-child legal rights may be terminated by Georgia Juvenile Courts when it is in the best interests of the child. Parental right termination begins with a filed petition with the Court. These petitions can be filed by any person who has knowledge of deprivation. A deprived child is any child who is without proper parental care or control. O.C.G.A. § 15-11-2. Georgia Courts have held that deprivation may include physical abuse, sexual abuse, and even neglect of hygiene. Daily Report A10A2215 . Even if the abuse is not the fault of the parents, a Court can still find deprivation and terminate parental rights in the best interest of the child. Daily Report A10A2257 . Georgia Courts will appointment a Guardian Ad Litem when there is proceeding for termination of parental rights. O.C.G.A. § 15-11-9. This Guardian Ad Litem is an officer of the court who is appointed to represent the best interests of the child. They will conduct an investigat

The Norcross Police Department is, "warning residents about door-to-door salesmen selling alarm systems who reportedly are misrepresenting endorsements for their products." Fox 5 3/12/11 . Did you know there is a Federal law that governs sales that take place in your home? Federal law 16 C.F.R. 429 lists your rights regarding most door-to-door sales, including specific contract requirements for sales at your home. GA Consumer Rights. It is important to be aware of your rights! What to do when a salesperson knocks on your door: Remember that you do not need to answer the door. It is your home and you can simply not answer the door. If you do answer the door, be safe. Do not immediately allow a stranger to enter your home. Try to talk to the salesperson on your porch or front step instead of allowing them into your home. If you do allow the person into your home, first be sure to ask for and check their credentials, including: name tag, uniform, business c

In most cases, yes! "Prenuptial agreements are on the rise . . . and even Britain's Prince William may be considering one." ABA 3/1/11. Although you may not have royal wealth to protect, this type of planning is right for everyone entering into marriage. A prenuptial agreement, or prenup, can help a marrying couple clarify what will happen to their personal and financial items in the event of divorce. These documents have been recognized in Georgia since 1982 , and have specific requirements an attorney can help you with. Each party to a prenup needs their own attorney to ensure their assets are protected. If you are interested in this marriage planning tool, contact our office today. http://bechtold-law.com/Prenup.html

Mediation was all over the news this week in Georgia. It was reported that, "The first mediation session in the sexual misconduct lawsuits against Bishop Eddie Long and New Birth Missionary Baptist Church has ended." AJC 3/4/11. But what is medation? Mediation is an alternate way to resolve disputes without litigation. All types of people seek mediation for a wide variety of issues, in fact, some courts order mediation before a case will be heard. During a mediation, both parties agree to sit across the table from each other and work out their problem with a trained neutral mediator. Many people find that mediation is very satisfying, results in faster resolution, and is less costly then litigation. Additionally, mediation can be confidential, which means that the details of your mediation are not in the public record like most court cases. However, unlike litigation, a resolution is not guaranteed. Mediation resolution depends on both party's willingness to reach a

During a visit to a Loganville nail salon, a woman was involved in an acetone fire and received second-degree burns. The Loganville Police Department and Fire Marshal's office were both contacted and are investigating the accident. Loganville Tribune 2/27/11. Although we can never be prepared for every event, it is important to have a plan for when you do find yourself in an accident. See our website for a list of things to do when involved in an accident. http://bechtold-law.com/PersonalInjury.html

Beginning March 1, 2011, the Gwinnett County Records Court is offering traffic citation amnesty for citations that have been outstanding for up to 28 years. ACJ 2/28/11. This amnesty will waive the $25 bench warrant fee and recall the bench warrant when the fines are paid. The Court will also supply the forms to reinstate suspeneded or expired driver's licenses unders some circumstances. This means you can settle your outstanding traffic citation case without additional penalties. This amnesty will not eliminate your required court appearance, so be sure to contact the Court or an attorney before moving forward. Gwinnett Courts. Don't wait on this offer, amnesty ends at the end of March 2011. http://bechtold-law.com/Traffic.html

Not quite. As of January 1, 2011, Gwinnett County Police and other nearby City Police lost their ability to use their radar and laser speed detection devices to catch speeders.  AJC 1/4/11.   The problem is the result of a legal battle over whose tax money will cover public safety issues. While the debate is in court, law enforcement officers are back to using the pacing method to determine a vehicle’s speed. However, “Only two Gwinnett County cities can continue to use radar and laser guns at this point." 11alive 1/5/11.   The City of Loganville Police Department is one of those cities. They can still use radar and laser speed detection devices on Loganville streets because their permit does not expire until the end of 2011. If you find yourself being pulled over by the Police for speeding, be sure to find out how your speed was determined and call our office to discuss your options. www.bechtold-law.com/Traffic.html

In Georgia, when a couple with children divorces or separates, their child's custody is determined by a judge. Even if both parents agree to custody issues for their child, a Court still needs to approve the custody arrangement. The judge shall look at the best interest of the child to make this decision. But what does that mean? The best interest of the child is a standard that does not focus on the parents, but rather looks forward and attempts to determine the child's best interests now and in the future. In Georgia, the best interest of the child is a statutory list of factors judges may look at when determining custody issues. This list of potential factors includes: the love, affection, bonding, and emotional ties existing between each parent and the child; capacity of the parent; parent's knowledge of the child; parent's ability to provide daily needs for child; parent's home environment (nurture and safety); stability; mental health of parent; physical heal