Do I need a Will?

 Why do I need a Will?  There are many reasons why a person should make a will.  

 The main reason is that a Will is a way for you to control what happens to your property when you die.  If you have small children, the most important reason is to name those who will care for the children and the property you leave the children if you die while they are still a minor   If both parents of a minor child die before the child, the child will be in need of a guardian and maybe a conservator (the person who controls the child’s money).  A Will is also the only way you can choose who will administer your Estate.  Otherwise, the Court will choose who administers your Estate. 

 If you do not draft a Will, your estate will be “intestate”.  If you die without a Will, the Court will decide who will administer your Will and your Estate will divided according to the Georgia Law of Intestate Succession.  The Georgia laws of intestacy, direct the disposition of your property if you die without a legal will.  In other words, your property is distributed as the State of Georgia thinks best.

 So, how do you get a Will and who will draft it.  You can draft a Will yourself but it is wise to consult an attorney.  Most attorneys charge very reasonable fees to draft a simple Will.  Contact an attorney in your area and do not be afraid to ask how much the attorney will charge up front.  Most attorneys have set fees for simple Wills and their receptionist should be able to give you a price estimate.

 However, if you have a large estate a Will can become complicated and involve tax issues.  The larger your Estate the greater need there is to have an experienced attorney draft a Will.

Posted on: 9 Feb, 2012          under: Uncategorized

What is a Last Will and Testament?

 A will is the statement of an persons testamentary intention regarding the property that have after they die.  For a Will to be probated in Georgia it must be in writing and must be properly signed by the testator and attested by witnesses.  Unlike other states, Georgia does not recognize other types of wills that do not follow these rules.

 Not all property a person owns will be conveyed in their Will.  For example, the beneficiary designation of a persons life insurance policy, certain joint accounts, land in a joint tenancy with right of survivorship or survivor’s benefits under a retirement plan.  These are all usually outside the Will and do not have to go through probate.

Legal disclaimer: The information contained on this page and this entire website is for informational purposes only and are not intended as legal advice.  You should always consult an attorney before taking legal action.  Reading this website or any website is not a substitute for a trained attorney.  This website does not create an attorney-client relationship between you and Shawn Bible Law Firm.  Mr. Bible serves all Northwest Georgia, including the cities of Ringgold, Fort Oglethorpe, Dalton, Lafayette, Trenton, Summerville and Rossville, in the counties of Catoosa, Walker, Chattooga, Dade, and Whitfield.

Posted on: 9 Feb, 2012          under: Uncategorized

How do I adopt a stepchild?

The most common adoption I am asked about is the stepparent adoption.  The usual scenario is of a single mother or father who is raising a child alone with no help from the other biological parent.  The single parent meets someone, marries and the new stepparent takes over the role that the other biological parent abandoned.  The new stepparent realizes that if he or she is going to have all the responsibility of a parent that they might as well have the legal rights of a parent.  The stepparent then goes to a lawyer and asks about adoption.

So, how does one adopt a stepchild?  First, a Petition of Adoption must be filed with the Superior Court.  Either the other biological parent must consent to the adoption or their rights must be terminated by the court.  Rights can be terminated for many reasons but the most common is failure to parent or support the child for a long period of time.  If the other biological parent’s whereabouts are unknown then the court can grant an order to serve the other parent by publication in the newspaper.

The law requires a background check on the stepparent filing the petition to adopt and a home evaluation must be conducted on the home of the stepparent.  Your attorney must also file a request with the Department of Vital Records to search the Putative Father Registry.  The purpose of this Registry is for any man to provide identifying information about themselves, the mother, and the child so these registered men can be notified about adoption proceedings.  If a man has sex with a woman and then loses contact with her and he then thinks, he may have fathered a child he can place his name on the Registry.

Your attorney must provide a copy of all paperwork filed to the Law Clerk of the Superior Court to review if there is a Clerk.  A Superior Court Judge will set a date and a hearing will be scheduled in the Judge’s chambers.  If there are no objections and the person petitioning the Court for adoption is a suitable and lawful person to adopt the Judge will grant the adoption.  A new birth certificate can then be issued by the State listing the Petitioner as the child’s parent.

Legal disclaimer: The information contained on this page and this entire website is for informational purposes only and are not intended as legal advice.  You should always consult an attorney before taking legal action.  Reading this website or any website is not a substitute for a trained attorney.  This website does not create an attorney-client relationship between you and Shawn Bible Law Firm.  Mr. Bible serves all Northwest Georgia, including the cities of Ringgold, Fort Oglethorpe, Dalton, Lafayette, Trenton, Summerville and Rossville, in the counties of Catoosa, Walker, Chattooga, Dade, and Whitfield.

Posted on: 21 Nov, 2011          under: Uncategorized

Catoosa County Courts

 If you are arrested in Catoosa County, your case might be heard in one of six different courts.  If you are arrested for a felony, your case will be heard in the Superior Court.  The Superior Court hears all felony cases in Catoosa County and many misdemeanor cases not handled by the lower courts.  The Superior Courts of Georgia cover multiple counties and are divided into Judicial Circuits.  There are Forty Nine Judicial Circuits in Georgia.  Therefore, Catoosa, Walker, Chattooga and Dade Counties are all in the Lookout Mountain Judicial Circuit.  The Superior Court is the only court in Catoosa County in which you may have a jury trial.  However, if you request a jury trial in a lower court in Catoosa County your case will be transferred to the Superior Court.

If you are arrested for a misdemeanor in the city limits of Fort Oglethorpe or Ringgold your case will be heard in the Municipal Court of that city.  For example, if you are arrested for a DUI or shoplifting in Fort Oglethorpe your case will be heard at the Fort Oglethorpe Municipal Court.  These City or Municipal Courts also handle all traffic offenses and some ordinance violations.  You may request a Bench Trial (that is a trial in front of Judge only) in these courts but if you wish to have a jury trial then your case will be transferred to Superior Court.  You should always consult an attorney before transferring your case. 

If you are arrested for a traffic offense or some hunting violations outside of the city limits of Fort Oglethorpe or Ringgold then your case will be heard in the Catoosa County Probate Court.  Every county in Georgia has a Probate Court.  In other counties, which have a State Court like Walker County, the Probate Court does not typically hear criminal cases.

The County Magistrate court also has jurisdiction over a variety of misdemeanors if they take place in the unincorporated areas of the county.  The crimes which magistrate courts have jurisdiction over are criminal trespass; marijuana possession, less than an ounce;  shoplifting where the property is valued at $300 or less; and furnishing alcoholic beverages to a person less than 21, as well as purchase or possession of alcoholic beverages by a person less than 21.  The Magistrate Court also hears cases involving violations of County Ordinances.

Last but not least, if you are a juvenile then your case will be heard in juvenile court.  Criminal cases in Juvenile Court are called “delinquency” proceedings.  Although these hearings do not always involve acts which would be crimes if committed by adults.  The juvenile court has jurisdiction of those persons under the age of 17 and to those under the age of 21 years who committed acts of delinquency prior to reaching 17 and who are under the supervision of the juvenile court. 

Legal disclaimer: The information contained on this page and this entire website is for informational purposes only and are not intended as legal advice.  You should always consult an attorney before taking legal action.  Reading this website or any website is not a substitute for a trained attorney.  This website does not create an attorney-client relationship between you and Shawn Bible Law Firm.  Mr. Bible serves all Northwest Georgia, including the cities of Ringgold, Fort Oglethorpe, Dalton, Lafayette, Trenton, Summerville and Rossville, in the counties of Catoosa, Walker, Chattooga, Dade, and Whitfield.

Posted on: 15 Nov, 2011          under: Uncategorized

DUI Attorney

How much can you drink and still be “ok” to drive?  The simple answer is that is it not wise to drink any amount of alcohol and drive.  A taxi is much cheaper than hiring a DUI lawyer.  Finding a designated driver is much easier than finding someone to bond you out of jail.

The “legal limits” in Georgia are as follows.  In 2001, Georgia lowered the “per se” alcohol limit for adults over 21 years of age to 0.08 grams. The old blood alcohol level was 0.10 grams.  Drivers under age 21 can be convicted of “per se” DUI with an alcohol content of 0.02 grams.  Commercial truck drivers have a 0.04 grams percent limit.

However, a person can be prosecuted if his or her blood alcohol level is below the “legal limit”.  For example, if you are in a wreck and a test shows your blood alcohol level is 0.07 you can easily be prosecuted for DUI.  Will you be found guilty?  That is up to a jury but why take the risk.  If you are arrested for DUI then by all means hire a lawyer to protect your rights.  However, it is wiser to never put yourself in a position where you have to hire a DUI lawyer.

Posted on: 15 Nov, 2011          under: Uncategorized

Georgia Drivers License Law – Part 2 License Suspension due to criminal convictions

Criminal convictions can suspend your driver’s license.  Georgia law requires the Department of Driver Services to suspend driver’s licenses of those convicted of many criminal offenses and traffic violations.  The following is a list of criminal offenses and traffic violations which will automatically suspend your driver’s license.

• DUI – this is one everyone knows about.  Get a DUI and your license will be suspended.  More details in a future post as regards DUI license suspensions.
• Fleeing or attempting to elude a police officer. 
• Racing
• Vehicular Homicide
• Leaving the scene of an accident
• Driving while your license in suspended or revoked
• Refusal to weigh (at a weigh station not because the officer wants to know if you underestimated on your driver’s license.)
• Gas Drive Off
• Driving without Insurance
• Drug convictions (even of misdemeanor Marijuana).
• Getting 15 points within 24 months.
• For drivers under 21 different rules apply (more in a future post).

The above list is not exhaustive and you should always consult an attorney to find out how a particular charge could affect your driver’s license.  Even if you plead guilty to charge there are ways to mitigate the damage to your driving record and save your driver’s license.  For example, a nolo plea to certain offenses can prevent your license from being suspended.  So, always consult an attorney before you go to court.

Legal disclaimer: The information contained on this page and this entire website is for informational purposes only and are not intended as legal advice.  You should always consult an attorney before taking legal action.  Reading this website or any website is not a substitute for a trained attorney.  This website does not create an attorney-client relationship between you and Shawn Bible Law Firm.  Mr. Bible serves all Northwest Georgia, including the cities of Ringgold, Fort Oglethorpe, Dalton, Lafayette, Trenton, Summerville and Rossville, in the counties of Catoosa, Walker, Chattooga, Dade, and Whitfield.

Posted on: 15 Nov, 2011          under: Uncategorized

Georgia Drivers License Law – Part 1 License Suspension and Withdrawals in General

Your driver’s license can be suspended for a multitude of reasons.  The most common reason is that you plead guilty or are found guilty of a criminal offense.  For example, a DUI conviction will suspend your driver’s license, as will many other traffic charges.  Even some non- traffic charges will suspend your driver’s license.  A conviction for any drug offense including misdemeanor passion of Marijuana can suspend your driver’s license.

Your license can also be suspended due to accumulation of points.  In Georgia, if you accumulate 15 or more points on your Driver’s license within 24 months your license may be suspended.  This suspension can last a year for your first offense.

Being convicted of a criminal or traffic offense is not the only way your driver’s license can be suspended.  Your driver’s license can be suspended for failure to appear in court.  If you fail to appear in court after receiving a traffic ticket, your license can suspended until you pay the fine, court cost and a reinstatement fee.  Another common reason drivers licenses are suspended is for failure to pay child support pursuant to Georgia Code Section 40-5-54.1.  Certain medical conditions such as seizures can lead to our license being suspended until you provide proof of being seizure free for six months.  Driving without insurance can suspend your license.

 Once your driver’s license is suspended if you are caught driving your license can suspended for a longer period of time and land you in jail.

Legal disclaimer: The information contained on this page and this entire website is for informational purposes only and are not intended as legal advice.  You should always consult an attorney before taking legal action.  Reading this website or any website is not a substitute for a trained attorney.  This website does not create an attorney-client relationship between you and Shawn Bible Law Firm.  Mr. Bible serves all Northwest Georgia, including the cities of Ringgold, Fort Oglethorpe, Dalton, Lafayette, Trenton, Summerville and Rossville, in the counties of Catoosa, Walker, Chattooga, Dade, and Whitfield.

Posted on: 15 Nov, 2011          under: Uncategorized

Georgia Marijuana Laws

Some people and especially young people today think Marijuana is no big deal.  In some parts of the county it is almost legal (The federal government still says it is illegal).  Well, that may be true in some parts of the county and in Europe but not in Georgia.  In fact, possession of Marijuana can land you in jail for a long time in Georgia.  Possession of an ounce or less of marijuana is a misdemeanor punishable by up to twelve months in jail.  Possession of over an ounce of marijuana is punishable by up to ten years in prison.  And remember that an ounce is not that much weight.  In fact, there are 16 ounces in a pound.  In other words, you don’t have to a be a big time drug dealer to be charged with felony possession of Marijuana. 

What if you are caught growing or selling Marijuana?  Any person who is guilty of trafficking in marijuana can go to prison for up to 30 years.  Anything other than the simple possession of less than an ounce of Marijuana is a felony in Georgia.  Even if you don’t go to prison a felony record can keep you from getting jobs and deprive you of your rights as an American citizen including the right to vote.

You don’t even have to be caught with Marijuana to be arrested for it.  Merely having a pipe or other object used to smoke Marijuana can land you in jail.  Georgia Code § 16-13-32.2 makes it “unlawful for any person to use, or possess with the intent to use, any object or materials of any kind for the purpose of planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, concealing, injecting, ingesting, inhaling, or otherwise introducing into the human body marijuana”. 

Are Georgia’s Marijuana laws wrong, unfair, antiquated relics of the past?  Did Georgia not notice the 1960’s?  Well, when it comes to whether you violated the law those questions are irrelevant.  As of right now the law in Georgia makes Marijuana illegal and no amount of political or philosophical arguments will persuade a police officer not arrest you if caught with Marijuana.  Nor are such arguments convincing to a Judge or Jury.  If you want to change the law then you should write your elected officials.  In the meantime, you take a risk of jail time and of having a criminal record if you smoke Marijuana.  However, if you are arrested for Marijuana then you should always consult an attorney.

Posted on: 14 Nov, 2011          under: Uncategorized

Fort Oglethorpe Lawyer

The Law Office of Shawn Bible is located in Ringgold but serves all of North Georgia.  Our practice includes all counties in Northwest Georgia including Catoosa, Dade, Walker and Chattooga counties as well as the towns of Ringgold, Fort. Oglethorpe, Lafayette and Trenton Georgia.

Our  mission is to protect and assert our client’s rights while guiding them through the sometimes complicated and often frustrating legal process. To provide personal service and honest and practical legal advice. To provide an aggressive representation and obtain the best possible result in each case.

Posted on: 14 Nov, 2011          under: Uncategorized

Georgia Adoption Law

How do I adopt a child?  Usually, when people ask me that question they are already caring for the child they want to adopt.  These prospective adoptive parents can be grandparents left with the responsibility of caring for grandchildren.  Another common scenario is of a single mother or father who is raising a child alone with no help from the other biological parent.  The single parent meets someone, marries and the new stepparent takes over the role that the other biological parent abandoned. 

So, what is the first step?  First, prospective adoptive parents should carefully consider such an important decision.  Taking on a child is a lifelong responsibility.  If you are stepparent thinking about adopting a stepchild remember that even if you later divorce your spouse that the adopted child is still your responsibility.  You are liable for child support just as if the child was your biological child.  The biological parent’s rights are terminated and you replace that parent and take on parental duties forever.

If you are a grandparent considering adopting a grandchild consider less permanent options such a guardianship or requesting temporary custody from a juvenile court.  A guardianship can give you the power of a parent without terminating the parent child relationship.  Guardianships can be filed in either Probate Court or in Juvenile Court.  Another option is to file a deprivation action in juvenile court.  The deprivation might be a good option if the reason the biological parents cannot care for the child are likely temporary.  For example, if a parent has a drug addiction, which has made the parent unable to care for the child, a juvenile court action might be a good idea.  A relative can file a deprivation action in juvenile court and request temporary custody of a deprived child.

If after careful thought you decide that you want to adopt a stepchild or a relatives child then you should consult an attorney.  Adoptions are paperwork intense and require a skilled attorney to prepare and file with the court.  However, if the adoption is uncontested then the cost is reasonable and the process can be completed in a few months.

At Bible Law Firm, we are always happy to speak to potential clients about adoptions at a free consultation either in the office or on the phone. 

Legal disclaimer: The information contained on this page and this entire website is for informational purposes only and are not intended as legal advice.  You should always consult an attorney before taking legal action.  Reading this website or any website is not a substitute for a trained attorney.  This website does not create an attorney-client relationship between you and Shawn Bible Law Firm.  Mr. Bible serves all Northwest Georgia, including the cities of Ringgold, Fort Oglethorpe, Dalton, Lafayette, Trenton, Summerville and Rossville, in the counties of Catoosa, Walker, Chattooga, Dade, and Whitfield.

Posted on: 14 Nov, 2011          under: Uncategorized