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Cherokee County Legal Blog

Probable cause versus reasonable suspicion

One question that many people have when they are pulled over by police officers is whether the stop was lawful or not. If you are facing one of these situations, such as in a drunk driving stop, you need to learn about the differences between reasonable suspicion and probable cause.

While these two concepts do have a lot to do with traffic stops, they can actually apply to other areas of the criminal justice system. Here are a few points you should know about these concepts.

Appealing a Criminal Conviction in Georgia

So things didn't go as you hoped they would at trial. What now? In a criminal case, if you try your case and lose, you have an automatic right to appeal your conviction. Although you have a right to an appeal, you must take action to invoke that right and you must do so quickly. A Notice of Appeal or a Motion for New Trial must be filed no later than thirty days after you are sentenced, or you may lose the right to appeal forever.

Can the police always search my vehicle?

We've all been there - maybe you're driving a little too fast on Highway 20 to Cartersville, maybe you rolled a stop sign downtown, and now you see the blue lights flashing behind you. The officer approaches your window, and then things take a turn. Suddenly, instead of a routine traffic stop, the officer is treating you like a suspect in a crime.

There are a number of legitimate reasons that officers may search your vehicle, but they do not automatically have that right, regardless of what they may tell you in the moment.

The Best Interests of a Child

When a Judge decides who should receive custody of a child, ultimately, the judge must decide, "What is in the child's best interests?" Georgia law sets forth several factors the Judge may consider in making that decision. The factors are not all inclusive-the judge may consider issues or items not specified. Along the same line, the list is also not mandatory-the judge is not required to consider each factor. The factors are listed in no particular order. It is up to the judge to decide if one factor is more important than the others.

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