I often have people call and ask is it worth going to court for speeding ticket or other such minor traffic violation?  Is it worth hiring an attorney to handle such case?  The answer to those questions of course varies from case to case.

When you get a citation for most traffic offenses you will be given the option of paying your citation before court.  However, this does not mean that there will not be legal repercussions nor does it mean that paying the ticket will not have an effect on the drivers license.  In some cases, either because of points or because of the nature of the citation your license may be suspended by your paying the citation before court.

If you’re a commercial drive you should always consult an attorney before paying a citation.  If you are a commercial driver your livelihood depends on your drivers license.  I always recommend that commercial drivers consult an attorney before paying any ticket.

If you are not a commercial driver the answer can be more complicated.  Let’s say for example that you get a minor speeding ticket.  Should you just pay the citation and forget about it or should you consult an attorney?  While I cannot give a definite answer without knowing the details of a case I can give examples of when I would strongly recommend consulting an attorney before paying a citation.

Below is a list of examples of traffic citations you should consult an attorney about.

Any citation that will result in points can lead to the possible suspension of your drivers license. This is especially true if you have had multiple citations in a short period of time.

Any speeding citation for 14 or more over the speed limit.

No proof of insurance.

Driving on a suspended license.

Reckless driving.

Leaving the scene of an accident or failure to report an accident.

Any citation received by a commercial driver.

The above list is not exhaustive but if you receive any of the above citations it is strongly recommended you consult with an attorney.

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, Lafayette, Trenton, Summerville and Rossville, in the counties of Catoosa, Walker, Chattooga and Dade.

One of the first things an attorney has to do when deciding whether to handle your case is to determine where the case will be heard. I practice law mainly in the Lookout Mountain Judicial Circuit.  That means for the most part I handle cases in Catoosa, Walker, Dade, and Chattooga counties in North Georgia.  As part of my practice I represent people in DUI cases and other types of misdemeanor offenses as well as Family law.

The first question I have to ask people when they call for consultation and criminal cases is what court is your case in and where were you arrested?  One of the obvious reasons I ask the question is to know whether the person’s case will be in a County that my firm works in.  However, I also ask the question because each County has several criminal courts.

For example, if you are arrested for DUI in Catoosa County then your case may be heard in one of three courts.  If you are rested in the city limits of Ringgold or Fort Oglethorpe Georgia your case may be heard in that city’s municipal courts.  If you are outside city limits then your case will go to the Catoosa County state court.  This also holds true for the other counties in our judicial circuit and across the state. However, in some counties DUIs may be heard in the County Probate court or in some cases in that counties Superior Court if that County does not have a State Court.

I also handle civil cases such as divorce.  When it comes to divorce and other types of family law the answer to which court your case will be heard in is usually simple.  The Superior Court of the County the case will be filed in has exclusive jurisdiction over divorce and most other cases generally considered to be “family law”.  However, the Juvenile court of each County handles cases that could also fall under the general category of “family law” in cases where someone either an individual or the Department of Family and Children Services allege that the child is deprived.

Other types of cases can also be heard in multiple courts depending on several factors.  I hope the above discussion about what cases are heard and what courts is helpful.

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.

Does a grandparent have a legal right to have contact and visitation with grandchildren?  The answer is that without a court order grandparents have no right to visitation but they may request visitation from the court.

Georgia has a grandparent visitation statute which was passed to provide a way for a judge to grant a grandparent visitation rights with grandchildren.  The grandparent visitation statute was passed to encourage continued interaction between grandparents and their grandchildren if they can show that it is in the best interest of the grandchild.

So how does a grandparent file for visitation rights with the court?  A grandparent can file a petition for visitation rights with the grandchild under the following circumstances.  A grandparent may file for visitation rights when the parents are separated and the grandchild is not living with both parents. A grandparent may also file a petition for visitation when another relative has adopted the child and will not let the grandparent visit with the child.

So what does a grandparent have to show in order to get visitation rights?  First, the decision to grant visitation rights is for the most part in the discretion of the judge.  Things the judge will consider and balance when making their decision will be parental rights, the best interest of the child and if denying visitation with the grandparent would harm the child in some way.  With that said, it is up to the grandparent’s to show that it would be in the best interest of the child to visit with them.

Some things the court will look at closely is whether the child ever resided with the grandparents, whether the  grandparents have provided financial support and is there history of visitation between the child and the grandparent.  Most importantly  the Court will ask if denying visitation would harm the child in some way.  The court will also make sure that if it orders visitation that visitation will not interfere with school or extracurricular activities.

Of course there are many other factors the court will look at and the above is just a overview of grandparent visitation in a typical case.  If you are grandparent and are being denied visitation with your grandchild you may wish to discuss with an attorney your options.  Of course , before you file a petition in court try to work out your differences with the parent without going to court. However if all else fails then you may want to seriously consider forcing the parents hand with a petition for grandparent visitation.

There is a new “State Court” in Catoosa County.  This new court will be located in the Catoosa County courthouse in Ringgold Georgia.  The State Court will handle all misdemeanor criminal offenses in Catoosa County with the exception of cases heard in the Ringgold City Court and the Fort Oglethorpe City Court.  In other words, if you are arrested for a misdemeanor in Catoosa County your case will be heard in the new State Court unless you are arrested in the cities of Ringgold or Fort Oglethorpe in which case your case will most likely be heard in that City or Municipal Court.

Until this Summer when the State Court went into effect misdemeanor offenses in Catoosa County were divided up between the Probate, Superior and Magistrate Courts. Below is a link about the new Court.

http://www.northwestgeorgianews.com/catwalkchatt/news/state-court-coming-to-catoosa-county-in-summer/article_e4ee696a-ce4e-11e4-9602-33756000c0f2.html

New Location in Walker County

We have had an office in Ringgold since 2008.  Now we have opened a second office in Chickamauga Georgia to better serve our Walker County clients.   The office was until recently occupied by attorney Steven Ellis who was recently appointed to be the full time Walker County Juvenile Court Judge. Its is located in downtown Chickamauga across from the Gordon Lee Mansion.

It should go without saying that one should be careful what you post on social media.  For example, if you are in the middle of a divorce it is not a good idea to post pictures of your new boyfriend/girlfriend.  Or if you are a young person facing an underage drinking charge it is a bad idea to share with the world on Facebook how drunk you got last Friday.

Anything that you post, tweet or otherwise make public on social media can and likely will be used against you in court.  It is fairly typical for divorce attorneys to look at the opposing sides Facebook page.  Anything you make public is fair game for an opposing attorney in a divorce or custody dispute.

The same is true in criminal cases.  I have seen people on probation violated because of what they posted on social media. For example, if you are on felony probation you are prohibited from abusing alcohol and drugs so don’t post pictures of you and your buddies at a bar.  Furthermore, if the public can see it then so can the prosecutor handling your case.  Do not post anything you don’t want the prosecutor, police, and your probation officer to see.

The above seems like common sense that everyone would know already.  However, in every court across the United States people routinely get in trouble due to social media posting.  Don’t be one of those people.

I was a guest this past Friday on Senior Talk with Virginia Scott on local station UCTV.  We talked about issues related to senior citizens such as Wills, Powers of Attorney and Living Wills.  My practice does not include estate planning but I was happy to speak on the subject.

Recently the Lookout Mountain Judicial Circuit with the encouragement of local law enforcement and the District Attorney’s Office began a “pretrial diversion” program.  This program is open to some first time felony drug offenders.  Basically, the program allows a defendant in a felony case to complete a drug rehabilitation program instead of going through the court system and if they successfully complete the program have their case dismissed. The main benefit of the program is that the Defendant who successfully completes the program can have their criminal record “expunged” or restricted and they will not be a convicted felon.

Overall such programs are a great idea and give people a second chance. However, a defendant should always consult an attorney before entering into any such agreement.  Such programs are not unique to this area and are being tried across the United States. While they are not for every Defendant such innovations in the “war on drugs” are welcomed and we hope successful.  Here is a link to the Center for Hope for information.  The Center for Hope

Below is a link to a Chattanooga Times story on a criminal case I and several other local attorneys have been working on.  This is one of several stories in in the Chattanooga Times over the past year about the “craigslist cases” involving misconduct by law enforcement and participation by civilians in investigations .   Thus far the Times has reported the story fairly and objectively.

http://www.timesfreepress.com/news/2013/mar/05/multiple-lawyers-allege-prosecutors-holding-back-e/