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Cherokee County Legal Blog

When can police legally search my vehicle?

In general, police cannot search your car without a warrant or your permission. However, it is important to understand the exceptions to that rule to make sure your rights are not being violated.

One of these exceptions is when police have probable cause. Probable cause is when an officer has a reason to believe there is evidence of a crime in your vehicle. An example of probable cause might be the sight or smell of an illegal drug.

Can I change my child’s last name after a divorce?

Although more hyphenated last names have been used in recent years, the overwhelming majority of children born in the United States tend to take their father’s last name. This may even hold true in cases where parents are not married.

In cases where a relationship doesn’t work out or a married couple divorces, you may be interested in changing the last name of your son or daughter. Read on to learn about how Georgia handles name changes for minor children.

Laboratory analysis and challenging drug charges

Drug charges carry some of the harshest sentencing of any nonviolent crime in America, often unjustly resulting in years of incarceration. It is no exaggeration to say that you must always fight drug charges to protect your rights, no matter how strong the evidence against you may seem.

In many instances, you can weaken the case against you by carefully casting doubt on that evidence and pushing back against the prosecution in persistent, creative ways. Of course, the sooner that you begin building a strong legal defense, the more time that you have to develop a strategy and implement it. You should not wait even a single day to begin constructing your defense, unless you want to make it easier for the prosecution to punish you harshly, possibly for a crime you did not commit.

Police need a warrant to track you by your cell phone

Until last week, it was a practice by law enforcement officers in Georgia to locate fleeing suspects or establish someone's location by contacting cell phone providers, who would willingly triangulate a suspect's whereabouts using the information "pinged" back and forth to cell phone towers by that suspect's phone. A decision by the United States Supreme Court last week in the case of Carpenter v. United States, however, limits the use of that practice.

6 reasons couples end their marriages

Every marriage has its challenges. Some of these are very unique. Others are not. While some couples do manage to work their way through things and stay together, many marriages simply end.

You have been looking at your own marriage, trying to see the warning signs. Is your spouse going to ask for a divorce? You want to prepare yourself in advance, just in case. What should you look for?

The Pitfalls of Adding Your Spouse's Name to Pre-Marital Property

As a divorce attorney, we encounter the following scenario all too often: You received an inheritance and purchased your dream home in Cherokee County. Later, you met your dream spouse and got married. You heard putting your spouse's name on the deed as a "joint tenant with right of survivorship" will make it make easier for him or her to keep the house after your death. Thinking ahead, that seems smart to you so you do just that.

The divorce process starts with stating your intentions

No one gets married with the idea that they will eventually divorce, but you could find yourself staring this situation in the face at some point.

With so many challenges associated with the divorce process, you need to have a clear idea of your legal rights from the start.

Top tips for obtaining a child support modification

If you are required to pay child support, you know how important it is to stay current with your payments.

At some point, you may find that you are unable to make your child support payments in full and on time. If this happens, you may be tempted to pay less and hope for the best. This isn't the approach you should take.

Do you need an alcohol test or "to blow" to be convicted of DUI?

After a fun night out in downtown Woodstock, the police greet you with blue lights in your rear view mirror. You may ask yourself, if I do not submit to a blood alcohol test or "blow" can I still be charged with DUI? Yes. As criminal defense attorneys we can help you challenge the charges, but it is important to understand the law of DUI is complicated and there are several different ways you can be charged for the same offense of Driving Under the Influence.

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Canton, GA 30114

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