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FAQs

Frequently Asked Questions

Q:

Should I talk to the police if I am arrested or suspected of a crime?

A:

No. Many people make the mistake of believing if they just tell the truth or explain their side of things that the police will understand. They may think they will look guilty if they talk to a criminal defense lawyer. However, the police already think you are guilty; that is why they are already talking to you. It is a much better idea to assert your right to remain silent and call an experienced criminal defense lawyer who can do the talking for you.

Q:

Do I have a defense to a DUI charge?

A:

One of the most charged offenses in Illinois is DUI. However, there are many potential defenses to this charge, such as an illegal police stop or a medical condition that impacted your BAC reading. Penalties for a DUI conviction in Illinois can mean the loss of your driving privileges, potential jail times, and steep fines. An experienced criminal defense lawyer can formulate a defense strategy that may help to avoid these consequences.

Q:

Why should I hire a criminal defense lawyer?

A:

Many people mistakenly believe that they can handle their case or that a public defender will do just as well. However, an experienced criminal defense lawyer is familiar with the criminal justice system and will use his or her knowledge to help you achieve a successful resolution of your case. Public defenders often have too many cases and do not get to select their clients while private attorneys can focus on the cases that they believe they will win.

Q:

How long does a divorce in Georgia take?

A:

While each case is different, most cases will be resolved more quickly if they are considered “uncontested,” meaning that you and your spouse agree on all of the material terms of your divorce, like property division, child custody, and child support. There is a mandatory 31-day waiting period before the court can enter the final judgment and divorce decree. However, if the case is contested, the process may take much longer as the parties gather evidence to support their position in court and attend one or more hearings.

Q:

Will I have to go to court to get divorced?

A:

Whether you will have to go to court depends on several factors, such as the county where you file your divorce, whether you need to seek temporary relief that your spouse does not agree to and whether your case is contested or uncontested. Some judges ask that at least one of the spouses attend a court hearing just to confirm the divorce and the relief being sought. However, some judges will accept an affidavit in writing that makes the necessary statements.

Q:

How is child custody decided in Georgia?

A:

When considering which parent the child should live with or which parent should be responsible for making important decisions about the child, Georgia family judges consider what is in the best interests of the child. They consider various factors about the parents and the child. Additionally, if your child is old enough and mature enough, the judge may consider his or her opinion.

Q:

How long do I have to file a personal injury lawsuit in Georgia?

A:

Generally, you have two years from the date of the accident to file a lawsuit in Georgia. If this time passes and you do not file your lawsuit, you can be barred from bringing the case. However, there are some exceptions when you may have more or less time than this, such as if you were a minor when you were injured or if the case is against the government. Contact me for a free consultation and I can give you a better idea about your filing deadline.

Q:

What is my injury claim in Georgia worth?

A:

Every case is different. The potential value of your claim largely depends on the damages you sustained, such as medical expenses, property damage, lost wages, and pain and suffering. However, many other factors go into this determination, such as how clear it is that the defendant caused your injuries, whether you contributed at all to your injuries, the facts of your claim, and the insurance limits involved. Call me to receive an estimate of the value of your claim.

Q:

When can a child in Georgia be adopted?

A:

A child in Georgia can be adopted when any of the following situations is present:

  • The child has no living parents

  • The child was abandoned

  • The rights of the child’s parents were involuntarily terminated (such as in child abuse or neglect cases)

  • The biological parents have voluntarily surrendered their rights away in writing to the prospective parents or a licensed adoption agency

Q:

What is a stepparent adoption?

A:

A stepparent adoption occurs when a person who is married to a biological parent of a child wants to become the legal parent of a child and raise the child together with his or her spouse. If this adoption is carried out, the parental rights of the other biological parent are terminated. Typically, this type of adoption will not be granted if the child’s biological parent objects and is actively involved in the child’s life.