McClure, Ramsay, Dickerson LLP McClure, Ramsay, Dickerson LLP 2026-05-12T22:16:46Z https://www.mrdelaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1103004/2024/02/cropped-Firm-Logo_MRDEs-32x32.png On Behalf of McClure, Ramsay, Dickerson LLP <![CDATA[How often should you review your estate plan?]]> https://www.mrdelaw.com/?p=52149 2026-05-08T11:04:48Z 2026-05-08T11:04:48Z When to take a closer look at your estate plan Most estate attorneys generally recommend reviewing an estate plan every three to five years. You should also revisit it after certain events that affect your finances or long-term goals. Common situations include:
  • Family changes: Marriage, divorce, remarriage, birth of a child or death of a loved one can affect beneficiary choices.
  • Financial shifts: Buying property, selling a business or retirement can affect how property transfers under an estate plan.
  • Relocation: If you move to a new state, estate laws may vary. This change can impact how certain documents work.
  • Executor or agent concerns: An appointed representative may no longer fit the role because of age or changes in personal relationships.
  • Legal and tax updates: Periodic reviews often help estate plans stay aligned with current legal and tax requirements.
These reviews also give families a chance to examine medical planning documents. In Georgia, residents often use advance directives to state treatment preferences. These documents can name a health care agent. They may also include guardianship instructions.

Why updating your estate plan matters

Outdated documents can create stress during already difficult moments. A former spouse may still appear in certain records. An old executor choice might no longer fit the responsibility. These issues often surface when families must make urgent legal decisions. Updates can also address the changing needs of children and dependents. Guardianship choices and distribution plans may need adjustments as family roles shift. A plan created many years ago may be outdated for current realities. Estate planning documents may affect decision-making during incapacity. Powers of attorney and advance directives generally allow trusted individuals to step in during emergencies. Without updated paperwork, relatives sometimes face delays or added court involvement.

Keep your documents aligned with your priorities

Estate planning rarely stays static throughout adulthood. Financial goals, personal relationships and long-term care concerns often evolve. As a result, many families benefit from scheduled reviews. Revisions may also support stronger asset protection. They keep beneficiary designations, trusts and authority documents updated. In most cases, timely legal support can help you identify concerns early. It can also keep estate plans aligned with your goals and family needs.]]> On Behalf of McClure, Ramsay, Dickerson LLP <![CDATA[What happens to your driver’s license after a DUI in Georgia?]]> https://www.mrdelaw.com/?p=52142 2026-03-23T14:45:35Z 2026-03-23T14:45:35Z If you are arrested for a DUI in Georgia, the officer will likely seize your plastic license and hand you a yellow document known as a DS-1205 form. This is more than a receipt; it is your temporary permit and a warning that a countdown has begun. In Georgia, your driving privileges are attacked from two fronts: the Administrative License Suspension (ALS) and the criminal conviction.

The 30-day administrative cliff

The most urgent threat is the administrative clock. Under Georgia’s implied consent law by operating a vehicle on state roads, you have already agreed to a chemical test of your blood, breath, or urine. If you refused the test, the state will attempt to suspend your license for one full year with no possibility of a work permit. If you took the test and failed, you still face a suspension, though you may be eligible for a limited permit. You have exactly 30 calendar days from the date of your arrest to file an ALS appeal or apply for an Ignition Interlock Device (IID) permit. If you fail to act, your license will be automatically suspended on the 31st day.

The criminal court process

Independent of the DDS paperwork, you must face a judge. A criminal conviction carries its own set of penalties. For a first offense, your license is typically suspended for 12 months, though you can often apply for a limited permit immediately for work or school. A second offense within five years is significantly harsher, requiring a mandatory 18-month suspension and a strictly monitored interlock period.

Can you keep driving?

Georgia provides a "second chance" through the Ignition Interlock Device Limited Permit. Instead of contesting the 30-day suspension at a hearing, eligible drivers can choose to install a breathalyzer in their vehicle for 12 months. This allows for unrestricted driving as long as the device remains in place and the driver remains sober. The paperwork involved in a Georgia DUI is a legal minefield where one missed deadline can result in the loss of your employment and mobility. An experienced attorney can help you navigate through it.]]> On Behalf of McClure, Ramsay, Dickerson LLP <![CDATA[Can your employer find out about a DUI arrest in Georgia?]]> https://www.mrdelaw.com/?p=52139 2026-03-16T21:24:22Z 2026-03-16T21:24:22Z Can an employer find out about a DUI arrest in Georgia? Yes. In Georgia, arrest records are generally public, which means a DUI arrest can appear in a background check even if you were never convicted. Whether an employer sees it depends on the type of background check they run and how far back they look. A conviction is more likely to surface than an arrest alone, but neither is automatically hidden from employers under Georgia law.

Arrest vs. Conviction: Why it matters

An arrest means law enforcement took you into custody. It does not mean you were found guilty. In Georgia, arrest records are public, so they can appear in background checks even if charges were later dropped or you were acquitted. A conviction - whether from a guilty plea or a finding of guilt at trial - is permanent on your Georgia criminal record and will surface on virtually any standard background check. A DUI conviction also appears on your motor vehicle record, which employers in driving-related roles check separately. How your case is resolved matters enormously. An arrest that results in a dismissal or a first-offender disposition looks very different on a background check than a conviction.

Can a Georgia DUI ever be removed from your record?

Options are limited. A standard DUI conviction cannot be expunged under Georgia law. However, there are a few situations where your record may have some protection:
  • Case dismissed or acquittal: You may be eligible for record restriction, which limits access for most private employers.
  • First Offender Act: If your case was resolved under Georgia's First Offender Act and you completed your sentence successfully, the charge does not appear as a conviction on most background checks.
  • Negotiated plea to reckless driving: A reckless driving conviction still appears on your record, but it carries less weight than a DUI for most employer screening purposes.

Frequently Asked Questions

Q: Do I have to tell my employer I was arrested for DUI in Georgia?

A: Not automatically, but it depends on your employment contract and your industry. Some professions require disclosure of arrests, not just convictions. Review your employment agreement and consult an attorney if you are unsure.

Q: Will a DUI show up on a driving record check?

A: Yes. A DUI conviction appears on your Georgia MVR and is visible to any employer who runs a driving record check, particularly relevant for jobs that involve operating a vehicle.

Q: Should I just plead guilty to resolve the case quickly?

A: Rarely a good idea without consulting an attorney first. A guilty plea results in a permanent conviction with long-term consequences for your record and career. An attorney may identify options that change the outcome significantly.]]> On Behalf of McClure, Ramsay, Dickerson LLP <![CDATA[3 things to know about buying stolen goods in Georgia]]> https://www.mrdelaw.com/?p=52133 2026-02-27T14:03:31Z 2026-02-27T14:02:37Z The should have known standard The state does not have to prove you were certain the goods were stolen. Prosecutors only need to show that a reasonable person would have been suspicious. They look at the facts surrounding the sale to prove this point. For example, a price that is 50% lower than the market value is a major red flag. Other warning signs include filed-off serial numbers or a seller who cannot provide a title or proof of purchase.

How value changes the charge

The value of the property determines the severity of the penalty. For most theft by receiving cases, the threshold for a felony is $1,500.01. If the item is worth $1,500 or less, the state usually treats the case as a misdemeanor. This can result in up to 12 months in jail. However, a fourth conviction for any theft offense is punished as a felony regardless of the item's price. The prison time for a felony depends on the specific value of the property:
  • $1,500.01 to $5,000: One to five years in prison
  • $5,000.01 to $25,000: One to 10 years in prison
  • Over $25,000: Two to 20 years in prison
  • Firearms: Theft by receiving a firearm is a felony regardless of value and carries one to 10 years in prison
For felonies punishable by a maximum of 10 years or less, a judge has the power to impose a misdemeanor sentence instead.

Issues with vehicle titles

Buying a car or an ATV without a title is a significant risk in Georgia. Sellers often claim they lost the paperwork to close a quick sale. While a missing title is not a legal guarantee of theft, it is a common factor that prosecutors use to argue you should have been suspicious. Georgia does have a legal process for replacing lost titles, so a seller who refuses to provide one may be hiding the item's true origin. If you buy a vehicle that lacks proper documentation, you could lose your money and the vehicle.

Protecting your future

If you realize you bought a stolen item, you must act carefully. Trying to sell the item to someone else can lead to more criminal charges. Speaking with a legal professional can help you understand the safest way to handle the situation. An attorney can review the facts of your case to help you move forward. Professional guidance is essential when you face a criminal investigation.  ]]> On Behalf of McClure, Ramsay, Dickerson LLP <![CDATA[Navigating parole and probation for Georgia drug offenses]]> https://www.mrdelaw.com/?p=52105 2026-01-07T16:32:53Z 2026-01-07T16:32:53Z If you are facing drug charges in Toccoa or elsewhere in Georgia, your case may end with you under supervision. That supervision can take the form of probation or parole. Both let you stay in the community, but each comes from a different authority and carries its own rules.

How parole and probation differ

Probation usually starts at sentencing where the judge sets the rules you must follow while staying in the community. Parole starts after you serve time where the parole board sets the conditions for your early release. Both require you to follow general rules plus drug‑specific steps. Typical conditions may include:
  • Regular drug and alcohol testing: You may need to give hair follicles, urine or blood samples.
  • Substance abuse evaluations and treatment: A professional may assess you and require counseling or a residential program.
  • Travel and association limits: You may face restrictions on travel and who you can visit.
  • Search terms: Supervision rules may allow searches of your person, car or home.
  • Fees and reporting: You may have to pay supervision fees and check in on a set schedule.
Breaking these rules can lead to a revocation hearing and you could return to jail even without a new criminal charge. If you are a first-time offender, there are programs that may allow you to complete your sentence and have the charges exonerated so they do not appear as a conviction on your public record. If you need clarification about the terms of your parole or probation, or help with exoneration, contact a criminal defense lawyer.

How violations reach the courts

Violations often start with a supervision report, a missed or failed drug test or a new arrest. Officers or supervision staff then file a violation that moves toward a hearing. A seasoned criminal defense lawyer can explain likely outcomes and timelines, so you understand the possible effects on your personal and professional life.]]> On Behalf of McClure, Ramsay, Dickerson LLP <![CDATA[Can you get a DUI on a bicycle or other non-motorized vehicle?]]> https://www.mrdelaw.com/?p=52102 2025-11-17T12:16:53Z 2025-11-17T12:16:53Z When people think of a Driving Under the Influence (DUI) charge, they immediately picture an automobile. But the legal definition of "vehicle" used in DUI statutes is often much broader than the average driver realizes. If you or someone you know is contending with an arrest for intoxication while operating a non-motorized device, you need to know exactly how the law applies to your case.

Motorized versus moving

Georgia takes a strong stance on public safety. The state prohibits a person from driving or being in actual physical control of “any moving vehicle” while under the influence. The crucial detail is that the statute uses the general term "vehicle," not "motor vehicle." This language is very broad, which means a person operating a bicycle, and potentially even an electric scooter or golf cart, can be charged with DUI. The state sees the impaired person as a public danger, regardless of the vehicle type.

Same DUI standards apply

Police and prosecutors apply the same basic legal standards for impairment to a cyclist as they do to a car driver. If you were arrested, your Blood Alcohol Concentration (BAC) likely plays a major role in the case against you. The standard legal limit of 0.08 grams or more applies to all drivers of a moving vehicle, including bicyclists. If your BAC measures at or above 0.08 within three hours of riding, you can face the per se DUI charge. This means the prosecution does not need to prove you were visibly impaired. The BAC number alone is sufficient proof of the alleged crime.

Potential criminal consequences

Georgia often treats a non-motorized DUI as a misdemeanor offense that can lead to:
  • Jail time of up to 12 months
  • Fine of up to $1,000
  • Mandatory community service hours
  • Participation in DUI Alcohol or Drug Risk Reduction Program
  • Period of probation
These punishments create a permanent criminal record that can hurt your job prospects and insurance rates.  It is critical to note one major difference: a bicycle DUI conviction in Georgia typically does not lead to an administrative suspension of your driver's license. Still, the rest of the penalties are identical to a first-offense DUI in a car that requires a strong defense.

Challenging the DUI case

A charge involving a bicycle or scooter still follows the entire criminal defense process. Prosecutors must still prove every legal element of the case against you. Do not hesitate reaching out to an attorney who can help you challenge the initial stop, the administration of field sobriety tests or the chemical test results. A DUI charge is a criminal matter, not just a traffic ticket. Prompt action is crucial to protect your rights and your future.]]> On Behalf of McClure, Ramsay, Dickerson LLP <![CDATA[When can the police arrest you on RICO charges?]]> https://www.mrdelaw.com/?p=52062 2025-09-08T14:00:43Z 2025-09-08T14:00:43Z RICO (Racketeer Influenced and Corrupt Organizations) charges in Georgia are serious and can result in severe penalties. These charges are designed to target organized crime and those involved in illegal enterprises that engage in patterns of criminal activity. Understanding when the police can arrest someone on RICO charges is essential to understanding how the law works.

What is RICO?

RICO laws, both at the federal and state levels, allow law enforcement to prosecute individuals or organizations that engage in a pattern of criminal activity over a period of time. In Georgia, this law targets anyone who participates in or conspires with others in a criminal enterprise. It applies to activities like drug trafficking, money laundering, racketeering, and other illegal actions conducted by a group or organization.

When can police make an arrest for RICO charges?

Georgia police can arrest someone on RICO charges if there is evidence that they have participated in a criminal organization involved in a pattern of illegal activities. This can include things like running or helping run a criminal enterprise, committing crimes as part of an organized group, or benefiting from the illegal activities of a group over time. Law enforcement must gather evidence of this pattern, which can include wiretaps, witness testimony, financial records, and surveillance footage.

What crimes are linked to RICO charges?

Under RICO, any criminal activity that is part of an ongoing criminal enterprise can lead to charges. This includes crimes like drug trafficking, human trafficking, bribery, money laundering, and more. If law enforcement connects an individual to a criminal group engaging in these activities, they may face RICO charges. RICO charges carry serious penalties, and Georgia law takes them very seriously. The law allows prosecutors to target entire criminal organizations, making it a powerful tool for combating organized crime.]]> On Behalf of McClure, Ramsay, Dickerson LLP <![CDATA[Planning for your digital and business legacy in Georgia]]> https://www.mrdelaw.com/?p=52060 2025-07-25T13:43:40Z 2025-07-25T13:42:17Z You have worked hard to build your life. You may have saved photos in the cloud, shared memories on social media or even run a business. But have you thought about what happens to those things when you are gone? Today, estate planning means more than writing a will. It also means protecting your digital and business life. Many people plan for homes, cars and bank accounts. But in Georgia, it is just as important to plan for online accounts and business assets. Without a clear plan, your family may face confusion or legal problems. Here are some steps you can take now to protect your legacy.

Do not forget your digital life

Your digital life includes email, social media, online banking, photos, cryptocurrency and investment accounts. Typically, you protect them with passwords. Without clear instructions, however, your family may lose access to them when you pass away. Georgia follows the Revised Uniform Fiduciary Access to Digital Assets Act (RUFADAA), which allows you to name someone to manage your digital accounts after your passing. You can name this person in your will or a separate digital plan.

Protect your business after you are gone

If you own a business, you should also plan for what happens next. Will someone else run it? Should they sell it or close it down? These choices are part of business succession planning. Without a plan, your business may lose money or face legal issues. In Georgia, you can make a plan using a will, a trust or a business agreement. This way, you stay in control of what happens to your business.

Why this matters

Planning for digital and business assets keeps your wishes clear and concise. It helps your family avoid stress, delays and extra costs. Keep your records in one place. Update your passwords and consult a Georgia estate planning lawyer if you need assistance.

Take the next step

You do not have to be a tech expert or own a big company to plan. If you use the internet or run a business, include those in your estate plan. This gives your family peace of mind and protects what you have worked hard to build. Talking to an experienced estate planning attorney can also help you make the right choices. A lawyer can guide you through Georgia’s laws, prepare the right documents and make sure you clearly state and legally protect your wishes.]]> On Behalf of McClure, Ramsay, Dickerson LLP <![CDATA[How can funeral planning fit into your estate plan?]]> https://www.mrdelaw.com/?p=52036 2025-05-20T19:50:20Z 2025-05-20T19:50:20Z Funeral planning plays an important role in your overall estate plan. It helps you make clear decisions about how you want to be remembered and eases the burden on your loved ones. When you include your funeral wishes in your estate plan, you ensure others know and follow your preferences properly.

Why include funeral planning in your estate plan?

Adding funeral plans to your estate documents helps avoid confusion and disagreements. It also lets you handle costs more effectively by planning ahead. Making these decisions early allows you to align your funeral wishes with other parts of your estate plan.

What funeral details should you include in your estate plan?

Consider the type of service, such as a funeral or memorial, and the details you want included like music, readings, or speakers. Decide on burial or cremation and other logistics like location and transportation. Clearly stating these preferences in your estate plan helps guide your family.

How do you include funeral plans in your estate documents?

You can document your funeral wishes within your will, trust, or advance directive. Share copies with trusted individuals who will carry out your plans. Clear communication helps prevent misunderstandings and makes sure your preferences are followed.

How do you keep your funeral plans aligned with your estate plan?

Review your estate documents regularly and update your funeral preferences as needed. Changes in your life or circumstances may affect your wishes. Keeping everything current helps maintain consistency across your estate plan. Including funeral planning in your estate plan helps protect your loved ones and ensures your personal wishes are honored.]]> On Behalf of McClure, Ramsay, Dickerson LLP <![CDATA[What are the defenses against felony theft charges?]]> https://www.mrdelaw.com/?p=52019 2025-03-25T14:36:38Z 2025-03-25T14:36:38Z Facing felony theft charges can be overwhelming, but understanding the potential defenses can help you navigate the situation. In Georgia, theft involves unlawfully taking property or money from someone with the intent to deprive them permanently of it. If you are facing such charges, it's important to know that there are several defenses available to challenge the allegations.

Lack of intent to steal

A common defense is that you did not intend to steal. In theft cases, intent is key. Prosecutors must prove that you took the property intentionally, planning to deprive the owner permanently. If you took something by mistake or without intending to steal, you can argue that the necessary intent wasn’t there.

Consent to take the property

You can also argue that the property owner gave you permission to take the item. If you can show that the owner allowed it, even if it wasn’t stated clearly, you can argue it wasn’t theft. There may be misunderstandings about consent, so having proof of it can strengthen your defense.

Mistake of fact

Mistake of fact is another defense. This happens when you genuinely believe you have the right to take the property, but your belief is wrong because you have incorrect information. For example, if you thought an item was abandoned or belonged to you, you may argue you made an honest mistake. However, this mistake must be reasonable to support your defense.

Lack of evidence

In any criminal case, the prosecution must prove you committed the crime. If the evidence against you is weak or circumstantial, you may argue there isn’t enough proof to convict. Weak physical evidence or unclear eyewitness testimony could help your defense.

Coercion or duress

If someone forced you to steal under threat of harm, you could argue duress. For example, if someone threatened you unless you stole something, you may not be acting willingly. Proving duress requires showing the threat and your lack of free will. Understanding these defenses can help you build a case against felony theft charges.]]>