Canton Legal Blog

Voluntary manslaughter in Georgia

On behalf of Burns Law Group, PC posted in violent crimes on Friday, April 20, 2018.

Homicide is the act of taking another person's life. This is a general term that does not factor in the specifics of the situation. Homicide charges are very complex, because there can be many intentions, circumstances and reasons for why another person dies at the hands of another.

Any homicide conviction is obviously a serious one. However there are situations where the circumstances can be explained and understood by the courts. For example, homicides are known to often take place after a person has been the victim of domestic violence or abuse over many years. In addition, they can occur as an unintended result of self-defense, where the person guilty of homicide had no choice but to take the action that he or she did.

Can a post-nuptial agreement be beneficial for a marriage?

On behalf of Burns Law Group, PC posted in divorce on Wednesday, April 18, 2018.

Marriages are never easy. Through the years, all couples face challenges and go through rocky periods. However, divorce does not need to be the first option that you come to. There are ways to both protect yourself from the financial consequences of divorce, and in the process, you may be able to strengthen and save your marriage, too.

Psychologists reason that problematic marriages are often toxic because of too much interdependency. Healthy couples are able to function as independent, autonomous individuals, both emotionally and financially. Therefore, when a couple are having an argument about money, this argument often arises out of too much financial interdependency. Perhaps one spouse does not support the business decisions that the other spouse is making, and they worry that they both will fall into a great deal of debt.

The case of the illegal 'pocket dial' in Georgia

On behalf of Burns Law Group, PC posted in felonies on Friday, April 6, 2018.

Who would have thought that listening in on someone's conversation when they clearly "pocket dialed" you from their cellphone would be something illegal? Apparently, anyone carefully reading the state of Georgia's wiretapping laws would think it.

Georgia is a one-party state when it comes to wiretapping, which encompasses pretty much any phone calls or personal conversations. That means that at least one party to a conversation, but not both, has to be aware of the fact that the conversation is being recorded or listened in on and give consent for it to be legal.

Consequences of money laundering in Georgia

On behalf of Burns Law Group, PC posted in blog on Wednesday, April 4, 2018.

When a crime takes place, it is very common for money to be involved. Money that is generated through illegal activities can be seized as illegitimate profits by the authorities. Therefore, criminals do whatever they can to make it seem as though this money was acquired through legitimate channels. This process of taking money acquired through criminal activity and making it legitimate is called money laundering, and it is a crime.

Therefore, if you were not directly involved with a particular crime, but you knowingly dealt with money that came from criminal activity — or helped to disguise its origin —you are engaging in a criminal act. If you stand accused of money laundering, it is important that you understand the law so that you know what actions to take regarding your defense strategy.

The consequences of aggravated assault

On behalf of Burns Law Group, PC posted in violent crimes on Friday, March 30, 2018.

Aggravated assault is generally defined as a type of assault that is much more serious in nature than simple assault. Many people believe that the definition of aggravated assault is an assault that involves a weapon. While an act such as this can be defined as aggravated assault, other acts such as an assault that takes place in the personal space of the victim can also qualify.

If you have been accused of aggravated assault, it is important that you understand what the elements of the crime are so that you can adequately defend yourself. You should know the key factors that can upgrade a charge from assault to aggravated assault.

Winning custody for Georgia families

On behalf of Burns Law Group, PC posted in child custody on Friday, March 23, 2018.

Child custody disputes, when unresolved for a prolonged period of time, can become something of a battle. But this should not be how child custody procedures work: the ultimate goal should be what is in the best interests of the child.

It most circumstances, the courts in Georgia want to rule for joint custody, as long as neither parent provides a danger or risk to the child. If you are wanting to file for full custody, it is important that you become familiar with the Georgia child custody laws if you are to be successful in your case.

What are the penalties for extortion charges?

On behalf of Burns Law Group, PC posted in criminal defense on Friday, March 16, 2018.

When you are accused of extortion, it means that there is reason to believe that you have made a threat toward someone or their property, or lied to them, in return for financial gain.

Extortion can occur in many different circumstances. It could mean that you have made a false statement of circumstances, such as the party owing you money, in order to gain money from them unjustly. It could also be done by intimidating them or making them feel concerned enough to hand over money to you.

Can I withhold visitation for unpaid child support?

On behalf of Burns Law Group, PC posted in child custody on Friday, March 9, 2018.

With certain rights come certain responsibilities. This is no different when it comes to being a parent. When a person is legally established as the parent of a child, he or she has the right to visitation, so long as he or she does not present any threat or danger to the child. At the same time, if the parent has a significant income, he or she also has the responsibility to provide financially for his or her child.

However, although parenting comes with rights and responsibilities, there is no legal connect between the two. This is generally because that visitation is not just the parent's right, but the child's right too. It would not be fair to further punish children by keeping them away from their other parent, purely because of the actions of a parent.

Creating a parenting plan for your toddler

On behalf of Burns Law Group, PC posted in child custody on Friday, March 2, 2018.

Children of different ages have differing responses to their parents' separation. Therefore, when figuring out the best way to move forward after the divorce has been finalized, it is a good idea to consider the age of your children.

When you have a child at toddler age, that is, between 18 months and 3 years, you should consider their unique needs. They are too young to understand the concept of a divorce and their parents' separation; however, they will be very sensitive to any changes in their routine.

3 Cherokee county armed robbery suspects are indicted

On behalf of Burns Law Group, PC posted in violent crimes on Friday, February 23, 2018.

Three individuals, one female and two males, were indicted on three counts each for entering an auto, one count for aggravated assault and another six charges each for armed robbery during the second week of February.

The charges were filed related to a series of incidents that occurred in quick succession nearby an area known as "The Falls". This area is located along Brick Mill Road just between Holly Springs and Canton.