What Disqualifies You From Adopting in Georgia?

If you are facing criminal charges in Georgia, there are many mistakes you need to avoid in order to give yourself the best chance of avoiding a conviction and harsh sentencing at trial. If you make assumptions if you overlook key aspects of the law, or if you fail to approach your case with the seriousness it deserves, you could find yourself facing the consequences for years – if not decades – to come. Charged with a Crime in Georgia? Don’t Make These Costly Mistakes Georgia’s criminal justice system is complicated, and there are several laws and constitutional principles that apply during criminal cases in the Georgia state courts. As a result, the single most important thing you can do when facing criminal charges is to discuss your case with an experienced criminal defense attorney. Your attorney will be able to help you avoid mistakes such as: Mistake #1: Assuming You Will Be Convicted Regardless of the circumstances leading up to your ticket or arrest, you must not assume that you will be convicted at trial. The prosecutor’s office has the burden of proving your guilt in court; if there isn’t sufficient evidence of your guilt, you cannot be legally convicted even if you committed a crime. In addition, even if you think you committed a crime, (i) the act you committed might not actually be illegal in Georgia, or (ii) you might have defenses that justify or excuse your conduct. Mistake #2: Assuming You Won’t Be Convicted However, while there are many potential defenses to criminal charges in Georgia, you must also avoid assuming that you will walk free if your case goes to trial. Despite carrying a heavy burden of proof, prosecutors secure guilty verdicts all the time, and the rate of wrongful convictions is alarming. Even if you are absolutely certain that you have done nothing wrong, you must still approach your case as if it carries the risk of leading to a conviction – because it absolutely does. Mistake #3: Assuming the Police Followed the Law Police officers make mistakes, just like everyone else. While it is possible that your stop and arrest were conducted in strict compliance with the law, it is also entirely possible that the arresting officer or a police investigator who questioned you when you were taken in for booking violated your constitutional rights. Mistake #4: Assuming Prosecutors Will Follow the Law Prosecutors make mistakes as well. From relying on inadmissible evidence to withholding key evidence during discovery, various prosecutorial mistakes can jeopardize the state’s case and entitle defendants to “not guilty” verdicts at trial. Mistake #5: Missing a Court Date When facing criminal charges in Georgia, you will have to appear in court on multiple occasions (unless your attorney is able to use police or prosecutorial mistakes, or other defenses, to resolve your case early in the process). If you miss a court date, the judge can issue a bench warrant for your arrest and you can be held in jail until your trial. Mistake #6: Simply Waiting for Your Trial Date to Arrive In addition to making sure you appear for your court dates on time, there are various other steps you can take to protect yourself and build an effective defense strategy prior to your trial date. Rather than simply waiting for your case to go to court, you (or your attorney) can: Request access to the state’s evidence against you (through the process of “discovery”) File motions to challenge the admissibility of the state’s evidence in court Negotiate for a reduced charge or a reduced sentence Seek entry into Georgia’s Pretrial Diversion Program (which will result in your charges being dismissed once you complete the program successfully) Take other steps to convince the court that you are remorseful and that you are working on reforming your conduct or seeking treatment for alcohol or drug dependence Mistake #7: Ignoring or Overlooking Possible Defenses As we mentioned above, there are numerous possible defenses to criminal charges in Georgia. When your freedom is on the line, you need to explore all options for avoiding sentencing at trial. Even “minor” details can be enough to prevent the prosecutor’s office from meeting its burden of proof, and you want to be absolutely certain that you are fighting your charges by all means available. Mistake #8: Banking on a Single Defense Along these same lines, even if you have one defense that seems particularly solid, you do not want to rely solely on this defense to protect you. While throwing the kitchen sink at the judge or jury may lead to confusion and make it appear as though you do not have any individual defense that requires an acquittal, relying on one defense when you have multiple defenses available could leave you unnecessarily exposed. Mistake #9: Failing to Understand the Consequences of a Conviction Under Georgia law, all misdemeanors and felonies carry potential fines and jail time. In fact, the maximum penalties for misdemeanors start at up to a $1000 fine and 12 months in jail. In addition, the practical consequences of a conviction can impact all aspects of your work and personal life, from making it extremely difficult to find a job to prevent you from seeing your children. For more information on the consequences of criminal convictions in Georgia, you can read: What are the Penalties for Felonies and Misdemeanors in Georgia? Georgia Criminal Records are Not Eligible for Expungement Mistake #10: Trying to Handle Your Criminal Case on Your Own With these risks in mind, the best way to protect yourself when facing criminal charges in Georgia is to hire an experienced criminal defense attorney to represent you. Presenting a successful defense requires a thorough understanding of the law and intimate familiarity with the procedures involved in Georgia criminal cases. Contact us to learn more. Contact Our Augusta, GA Criminal Law Offices to Discuss Your Case in Confidence Our Augusta criminal lawyers provide experienced legal representation for individuals who are facing misdemeanor and felony charges throughout Georgia. For more information about how we can protect you, call 706-200-1578 or contact us online for a confidential initial consultation.

Separation or divorce is challenging for any family, but if both parents are committed to the best interests of their kids, then creating an effective co-parenting plan is absolutely possible. It can provide the structure your children need during this transition, and a child custody lawyer experienced in family law can help you build a plan that fits your family's needs and will pass muster with the courts. more How to Build an Effective Co-Parenting Plan The Child's Best Interest Your first job is to keep every decision centered on what helps your child feel loved and stable and will contribute best to their ability to thrive for the long term. Start by sitting down, together or even separately at first, and listing what your child's daily life looks like right now. Here are some things to consider: School start times Bedtime routines Favorite activities Doctor visits (Who usually takes them?) Homework help (Who usually helps them?) Diet (Who usually feeds them? Who shops?) Write these details out so you can build a schedule around your child as much as possible instead of forcing big changes onto them. This simple step prevents confusion and helps your child keep the same friends, teachers, and basic rhythm of life as much as possible. Weekly Schedule Next, create a clear weekly schedule that shows exactly when your child will be with each of you. Include regular weekdays, weekends, and overnights (you'll figure in holidays and breaks later: at first, just plan for "normal.") Factor in your work hours and your child's age, too, because younger kids often need shorter stretches away from their primary home at first, while older children can handle longer visits. Put the schedule in writing and post copies in both homes. This not only reduces the possibility of arguments between you and your spouse but also gives your child something reliable to count on. Plan for the Abnormal Holidays, school breaks, and vacations need to be planned for, too. Decide in advance who gets Christmas Eve, Thanksgiving, the first week of summer, etc, and remember that you can make this plan truly yours if you can agree and show it's in your child's best interest. Maybe you want to rotate through all the big holidays each year, or maybe you would like to have your child with one parent for all major holidays one year and with the other parent the next year. Think about birthdays, long weekends, and your child's relationship with grandparents, uncles and aunts, and cousins on both sides of the family. Major Decisions Spell out who will handle healthcare choices, both routine and major; school enrollment; religious activities; and extracurriculars. Some parents split these areas entirely, while others set some basic ground rules and then agree to discuss everything else important. Day-to-day choices, like bedtime or screen time, can usually stay with whichever parent has the child at the time, but the overall routine should be as close to the same as possible in both homes. Talk to a Child Custody Lawyer Call us today at Davis, Chapman, & Wilder, LLC in Augusta, GA to request a consultation. We offer compassionate help, and we can assist you in developing a plan that the courts will approve, your family can live with, and that's in the best interests of your child.

Child support orders in Augusta, GA are not permanent. They can be adjusted whenever you can show that a substantial change in circumstances has occurred since the order was entered or last modified. However, Georgia family law controls this process and sets the terms for how and when you can make these kinds of changes. more A "Substantial" Change The law requires that something substantial have taken place to make a change to your orders. Usually, this will be something that has significant and continuing effects upon either parent's ability to pay or the child's financial needs. The courts and the Division of Child Support Services will want to see evidence of the real impact this change has had, and you must prove the change with actual records, not just descriptions. Common Examples: Involuntary loss of income of 25% or more Loss of job when an employer shuts down operations or a serious long-term illness or accident stops someone from working for over a year Starting to receive TANF benefits or receiving an unexpected windfall, like an inheritance Development of a serious medical condition by either parent or the child New unexpected expenses for schooling or other child needs Change in living arrangements What's Not a Substantial Change If you or the other parent have voluntarily quit a steady job for a lower-paying one or switched to part-time work when full-time opportunities exist, this generally won't count, even if your income has gone down significantly. New expenses like having another child, buying a home, or taking on debt usually won't count, either, since these are all free choices that should have been made by accommodating the order that was already in place. General increases in living costs may or may not allow you to make an adjustment: it depends on the situation. If the cost of living generally has gone up substantially, but your income has not, the court may agree to hear the case for making a change. But if your cost of living has gone up because you've made choices you didn't have to, they likely won't. How Custody Affects Things A meaningful increase or decrease in actual parenting time, compared to the court order, may support a petition to do a recalculation of child support. These issues sometimes run alongside a support modification, though separate filings may still be required, depending on the details. Working With a Family Law Attorney An attorney can help you review your request and give you sound advice about whether it's likely to meet the threshold and be accepted. Then, your attorney will prepare the paperwork and argue the case. Your attorney represents you and your interests at the hearing, where the judge decides first whether the change meets the legal threshold and then applies the guidelines to set any revised amount. For help with your custody or support issue, contact Davis, Chapman, & Wilder in Augusta, GA today. As a leading local law firm, we've been voted 10 Best Law Firms for Customer Satisfaction by the Institute of Family Law Attorneys, and we have more than 30 years of experience helping the families of Georgia during the toughest times of life.