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Author: MIke Robertson

  • Safety & Trucking Accidents

    Safety & Trucking Accidents

    18 wheelers and other large trucks play a vital role in our society. They transport good to our communities that keep things running smoothly, but they also pose certain safety risks on the roads. Trucking accidents are all too common, and in Georgia, 5 college students were killed in a tractor trailer crash this past April. 

    Because trucks are an integral part of our society and won’t be going anywhere anytime soon, its important that all drivers follow certain safety tips to help minimize the risk of having trucking accidents.

    Safety tips for car drivers:

    • Be mindful of the blind spots trucks have– Remember, if you can’t see the truck’s rearview or side mirrors, then the truck driver can’t see you.

    • Give plenty of warning when merging in front of a truck- Because trucks cannot brake as easily and as quickly as passenger cars,  it is important to never cut in front of a truck. If you are getting over into a lane in front of a truck, remember to put plenty of space between you and the truck and use your blinker appropriately.

    • Never pass a truck while it is making a turn- Trucks need much more space to turn than passenger cars do. Even though it may be frustrating to wait behind a truck for it to slowly take a turn and it may be tempting to pass them, you may be putting yourself in danger by doing so.

    Safety tips for truck drivers:

    • Be mindful of your own blind spots– Adjust your mirrors as necessary so that you can get the most complete view of your surroundings, but also remember that you have major blind spots while driving your truck.

    • Make sure you’re feeling well enough to drive before doing so- If you are experiencing any amount of driver fatigue, pull over and rest. Your chance of having an accident increases considerably if you’re not feeling well or rested.

    • Follow all safety precautions when driving through construction zones- Abide by all lowered construction zone speed limits, and make sure you are extra aware as you pass through these zones.

    If you are involved in an accident with an 18 wheeler or another large truck, your health and safety and the health and safety of others involved should be your main concern. Make sure everyone who needs medical treatment gets it immediately, and be aware of any hazardous material the truck may be carrying.

    If you or someone you know has been involved in a trucking accident, contact me today at (770) 744-5250 for your free consultation.

  • ID Cards For Autism

    ID Cards For Autism

    Positive and fair interactions between the police and the public has long been a common goal between the two and has been a hot button issue in the media for years. The police and the public can and should work together to promote positive interactions, and it looks like the state of Alabama is leading the way! 

    Drivers in Alabama who have been diagnosed with Autism are now carrying ID cards they can present to police during a police encounter. You can read the full story over at Autism Speaks.

    criminal defense lawyer marietta ga

    Way to go, Alabama!

  • School Sports Safety

    School Sports Safety

    Now that school is back in session here in metro Atlanta, its time for school sports activities to start back up as well! School sports teams provide great exercise for kids and teens, and are a great way for kids to make new friends. Participating in school sports is also helpful in teaching kids how to contribute toward a team effort and valuable leadership skills.

    Of course, as parents, we always worry about our children and team sports do come with certain risks. Although school sports are generally safe activities, any kind of physical activity can pose certain risks.

    Here are some school sports safety tips to ensure that your children stay safe!

    • Warm-up! Warming up the muscles and getting them loosened up can help prevent injuries. Some light cardio and stretching is great for warming up! This tip isn’t just for school sports- its generally a good idea for a person of any age to warm up before doing any kind of physical activity.
    • Drink water! Hydration is key in preventing injuries and illness due to over exertion and heat related illness. Not only will encouraging hydration during school sports help your school athletes to stay safe, it will also help promote healthy life long behaviors.
    • Wear proper equipment! Although protective equipment can be cumbersome and be deemed “uncool” by your kids, its vital to keeping your kids safe during sporting activities! Helmets, goggles, mouth guards, etc. are all designed to help protect your kids from serious injuries. Its important that you check all protective gear to make sure its in good condition. If not, it can seriously compromise the effectiveness of the equipment and it should be replaced immediately.

    For more information about school sports safety, you can visit the National Center for Sports Safety website.

    If you have a child who has been injured in a sports related accident, call Kyle today at (770) 744-5250 for your free consultation. There are many things that can cause a sports related accident, and Kyle has the experience necessary to help you and your child.

     

  • Expungement: A Brief Overview

    Expungement: A Brief Overview

    We’ve all heard of expungement, but how many of us know exactly what it is? Expungement is a court-ordered process that seals (or erases) the legal record of an arrest or criminal conviction. Expungement may also be called “expunction” and the whole process may be referred to as “setting aside a criminal conviction”. In Georgia, the process is called “record restriction”. Eligibility for and the process of expungement will vary from state to state, and possibly even county to county.

    What are the legal effects of an expungement?

    An expungement means that an arrest or conviction has been sealed (erased) from a person’s criminal record for MOST purposes. Once the process is complete, the person whose record was expunged generally does not need to disclose the arrest or criminal conviction when filling out a job application or a rental application. In most cases, if a potential employer, educational organization, or a similar company conducts a background check on an individual, no record of an expunged arrest or conviction will be found.

    However, an expunged arrest or conviction is not always completely erased. Some government agencies, including law enforcement and the criminal courts, will still be able to see the expunged arrest or conviction. This is why arrests or convictions are sometimes referred to as being “sealed” as opposed to expunged. During some legal proceedings, arrests and convictions can still be used as proof of a prior conviction.

    Are you eligible for an expungement?

    Although expungement may be an option in the state or county of your conviction or arrest, you still may not be eligible depending on your criminal record. Your criminal record has to meet certain criteria in order to qualify for an expungement.

    Your eligibility for an expungement can depend on a variety of factors including:

    • The amount of time passed since the arrest or conviction you are trying to have expunged
    • The type, nature, and severity of the conviction you are trying to have expunged. For example, an expungement for a violent sex offense may be denied.
    • Your prior criminal history including arrest and convictions in all jurisdictions- not just the one in which the expungement is being sought.
    • The type, nature, and severity of all events in your criminal record.

    Depending on your state and county, there may be some applicable eligibility rules that pertain specifically to arrest and convictions that occurred while you were a juvenile. There may also be special eligibility rules that apply specifically to expungements for sex offenses.

    What about expungement in Georgia?

    Expungement in the state of Georgia is called record restriction. In Georgia, if your arrest was not referred for prosecution, it will eventually be restricted from your criminal history, Misdemeanors and felonies are subject to different timelines for this. There are three general situations in which an arrest can be restricted from your criminal history- non-convictions, youth offenders, and if you were charged with a felony but convicted of an unrelated misdemeanor.

    The state of Georgia has many provisions and special rules for having your record restricted. For more specific information, you can visit the Georgia Justice Project’s Expungement FAQ page.

    If you or someone you know needs help with a record restriction in Georgia, call Kyle today at (770) 744-5250 for your FREE consultation.

  • Back to School

    Back To School

    Its that time of year again for those of us in Cherokee County, as well as most of metro Atlanta. Whether you have children beginning Kindergarten or your children are in high school, getting kids back to school safely is a top priority for everyone.

    Here are four ways for everyone to have a safe back to school experience:

    • Emergency Contacts- Most schools require you to submit emergency information for your child at the beginning of the school year in case something should happen. Keeping a copy of all this information for yourself is a good idea as well! Sometimes in an emergency, its easy to forget vital information. Your emergency information should include contact information for your child’s closest living relative (or other trustworthy adult who knows your child) as well as any food or medical allergies.
    • Cell phones- Its often a hotly debated topic, but letting your children have cell phones so they can stay in contact with you seems to work out well for many families. This can help bring you peace of mind if your children are involved in extracurricular activities before and after school. If your children do have cell phones, make sure they are aware of any boundaries you have set (no texting during class, no browsing the internet for inappropriate content, etc.). If your children are of driving age, its also important to make sure they know the dangers of texting and driving.
    • Review With Your Kids- This one is especially important for younger children. Make sure your children know all their basic information- their name, their birth date, their parents’ names, their address, your home phone number or a parent’s cell phone number. Its also important to make sure your children know who its safe to give this information to. They should only be giving out personal information to a trusted adult such as a teacher, a friend’s parent, or a coach.
    • Make connections- Along with a new school year comes a new classroom, new teachers, and new peers for your children. Participating in school activities and getting to know your childrens’ teachers is a great way to stay involved. Its also a good idea to get to know the parents of your kids peers. This is a great way to know if you’re comfortable with the friends your kids are hanging out with.

    While its not possible to always be with your children to make sure they are safe, these are some great tips to follow. If your child has been injured in a school related activity, such as on the playground or at a sporting event, call Kyle today at (770) 744-5250 for your free consultation.

     

     

     

  • Voluntary Manslaughter Defense

    Voluntary Manslaughter Defense

    Before we begin talking about manslaughter defense, let’s first talk about what exactly voluntary manslaughter is. Voluntary manslaughter is usually defined as an intentional killing that occurs when then offender had no previous intent to kill. This is commonly referred to as a killing in the “heat of passion”. The circumstances leading up to the killing may have lead to the offender, a reasonable person, becoming emotionally or mentally distraught or disturbed. A prime example of this is someone who comes home to find his or her spouse in bed with someone else. 

    There is a wide spectrum of homicide charges that an offender can be charged with. This one falls between murder (killing with intent) and self-defense. Its important to note that voluntary manslaughter is different from involuntary manslaughter, and definitions can differ from state to state.

    Federal law defines voluntary manslaughter as the unlawful killing of a human being without malice upon a sudden quarrel or heat of passion. We already know voluntary manslaughter is often referred to as a “heat of passion” crime. Voluntary manslaughter can also be defined as a killing that occurred when an offender mistakenly believed the killing was justified, such as self defense.

    Although every case is unique, there are some common defenses that are often used in voluntary manslaughter cases. The defense used for each case is dependent upon what state that case is in and the particular nuances of the case.

    Here are some of the most common arguments used for voluntary manslaughter defense:

    Actual Innocence

    Having not committed the crime at all is, of course, the best possible manslaughter defense. Because we are in the United States, the burden of proof lies with the prosecutor. The prosecution must prove beyond a reasonable doubt that the accused has, in fact, committed the crime they are being charged with. Some ways to counter a prosecutor’s accusations are by using an alibi or by questioning the validity of the prosecutor’s evidence.

    Self-Defense

    There are two types of self-defense claims- perfect and imperfect. In a voluntary manslaughter case, the only kind of self-defense claim that can be used is a perfect self-defense claim.

    A perfect claim of self-defense is when there is actually a reasonable need for deadly force in order to protect one’s life, and there is no wrongdoing by the defendant. This implies that the defendant acted solely in fear of his or her life and/or personal safety.

    Insanity

    The insanity defense can differ slightly from state to state, as each jurisdiction may have slightly different legal definitions of “insanity”. Generally, however, insanity refers to a defendant’s inability to distinguish right from wrong and an inability to understand their actions. If a defendant meets their jurisdiction’s legal definition for insanity at the time of the incident, they may not be held accountable for their actions.

    Accidental Killing

    If it can be shown that the killing occurred as the result of an accident, a defendant may not be charged with voluntary manslaughter. Using the accidental killing defense may not be enough to get a defendant out of any charges, but it may be possible to get a voluntary manslaughter charged reduced to an involuntary manslaughter charge. The name voluntary manslaughter suggests that there was an intent to kill or harm. Involuntary manslaughter results from negligent or reckless behavior, and the consequences and penalties may be less severe. If a defendant can show the victim’s death resulted from negligent or reckless behavior, voluntary manslaughter charges may be reduced.

    Intoxication

    Generally, intoxication will not excuse a person from criminal behavior. However, if the intoxication was involuntary (if someone was drugged against their will or without their knowledge), it may be a useful defense.

     

    If you or someone you know is facing voluntary manslaughter charges, call Kyle today for your FREE consultation at (770) 744-5250.

     

  • Teenage Drivers: Driving Safety Tips

    Teenage Drivers: Driving Safety Tips

    I’m sure you can all remember the day that your teenage children were born. It goes by so fast and seems like just yesterday. You’ve taught them to read and write, and you’ve seen them grow up. Now, its time to teach them to be responsible drivers. Having your teenage driver take a driving safety course is a great way to teach them good driving habits. Today’s society is saturated with technology that is presenting teen drivers with all kinds of distractions.

    Here are some tips for teaching your teen to drive safely:

    1. Selfies- Driving and taking a selfie is NEVER a good idea. Even if you’re stopped at a red light or stop sign, taking a selfie can dangerously distract you from what’s going on. According to a CNN article written in late 2013, driving and selfie’ing is scarily popular. At the time, there were close to 4,000 posts on Instagram under the hashtag “drivingselfie”. Today, there are almost 30,000. Clearly, this is a dangerous trend that is on the rise.
    2. Set a good example- Its so hard, even as adults, to avoid looking at our phones and checking emails, calendars, and texts. Studies have shown that new drivers have significantly fewer accidents when there is a responsible adult in the car. Because you can’t be with your teen driver all the time, you can do your best to ensure safe driving habits by setting good habits yourself.
    3. Eating- Unfortunately, we all have busy schedules and nearly everyone ends up eating in their car at some point. Similar to texting while driving or taking a selfie while driving, eating while driving is distracting. Eating while driving can increase your teen’s chance of having an accident by up to 80%.
    4. Driving costs- Discussing the monetary costs involved with having a car and driving with your teen can help them take it more seriously. Talking about car insurance, car payments, and gas- and perhaps even sharing the cost with your teen driver- may be a much needed reality check.

     

     

    If you or someone you know has been the victim of an auto accident due to distracted driving or a teen driver, call Kyle today for your free consultation at (770) 744-5250.

     

  • Gun Rights In Georgia

    Gun Rights In Georgia

    Gun rights are a hot button issue for many Georgians, as evidenced by how often the issue is referenced in the evening news. If you are facing criminal charges and plead guilty, you can be denied your gun rights. Some charges can result in a loss of gun rights for up to ten years. Some of these convictions include threatening a police officer, possession of a deadly weapon with intent to intimidate a witness, or outright intimidation of a witness.

    There are also some violent crimes that can lead to a loss of gun rights. These charges include assault, assault with a firearm, battery, and sexual battery. Domestic violence charges (even ones that don’t involve a firearm!) can also sometimes lead to a loss of gun rights. Stalking, threats, and harassment- even if there was no measurable harm done- can also lead to you losing your rights to own a firearm.

    There are also “secret ban laws” in some places. These laws can cause a ten year firearm ban that can turn into a lifetime firearms ban. These same laws can also keep you from owning or possessing a firearm if you have a restraining order against you. If you feel like you may be in a position where these laws would apply to you, an experienced criminal defense attorney can help you navigate these laws and determine and maintain your rights.

    Some other generic firearm ban laws apply to convicted felons, those who are mentally incompetent, insane, or disordered, and sex offenders.

     

    While expungement can oftentimes be a great help, it doesn’t automatically mean your right to own a firearm will be restored. For example, if you’ve been convicted of brandishing or discharging a firearm, your charges could possibly be expunged, but you may still be subject to a lifetime firearm ban.

    If you have been accused of a crime, or have a family member or friend who is in need of a criminal defense lawyer in Woodstock, GA, please contact Kyle today to learn more about the charges that are being faced and how to proceed. Kyle offers a free consultation and can answer any questions you may have on crimes, convictions, and firearm bans.

     

  • Why You Need A Juvenile Criminal Defense Lawyer

    Why You Need A Juvenile Criminal Defense Lawyer

    Navigating the juvenile justice system can be quite different than navigating the system adults are familiar with. A minor who has committed a crime can face harsh punishments despite the fact that they are not of age.

    What constitutes a minor? Generally speaking, a minor is someone between the age of 7-17. Most of the time a minor under the age of 7 cannot be tried in court and someone who is 18 will be tried as an adult. These are general terms and these parameters vary from state to state and sometimes on a case-by-case basis.

    When a police officer catches a minor committing a crime the officer has more leeway than with adults. An officer can choose to warn the minor and then let them go, hold the minor until the parents or guardians arrive, or take the minor into custody.

    Once a minor has been taken into custody, they will not necessarily have formal charges filed against them. An officer of the juvenile court will investigate the issue and decide whether or not to press charges. Sometimes these issues can be handled informally and “off the record”. In this case, the minor would not have a criminal record but may still face some sort of punishment. This could include counseling, fines, or community service.

    If formal charges are filed, there will first be an arraignment where the minor is formally charged before a judge. Next will be a hearing and the minor’s attorney will enter a plea. From there, the case may proceed to trial or sentencing.

    Hiring a criminal defense lawyer is always a good idea if a minor is in trouble with the law. By having legal representation, a minor may be more likely to avoid formal charges. If a minor is, in fact, facing formal charges a criminal defense lawyer will be able to appear with them in court and negotiate with the judge and prosecutor.

    Kyle is experienced in juvenile law and is familiar with the ins and outs of the tricky juvenile justice system. If your minor is in trouble and you need a criminal defense lawyer call Kyle today so he can get started navigating your case!

     

  • Steps After A Car Accident From A Car Accident Lawyer

    Steps To Take After A Car Accident 

    Getting in a car accident is something no one wants to experience. Unfortunately, many of us will. According to The Georgia Office Of Highway Safety, there were over 1,000 reported car crashes in 2012. Even a small car crash can impact your day and your life in a huge way. Oftentimes its hard to think logically and rationally after a car crash. Here are a few steps to take after a car crash to help you feel more in control.

    • Check for injuries- Make sure to stop, breathe, and take a second to see if you or anyone else has been injured. Make sure to check all drivers involved and any passengers, including pets. If you feel any pain at all, make sure to have a medical professional check you out, even if you feel that your pain is minor. Some injuries may not present themselves immediately but can cause problems for you in the future.
    • Find witnesses- No matter how small or large your accident is, find someone who witnessed it and get their contact information. Witnesses can be very helpful in providing information to the police and attorneys regarding the facts of your car accident.
    • Take pictures and videos- While eye witness testimony is great, having pictures and videos can help solidify details of your car accident. Using the camera on your smartphone, take pictures and videos of the accident from all different angles. Its also helpful to take videos of the street around you to show direction of travel.
    • Exchange information- Make sure to exchange information with all other drivers involved in the car accident. Make sure you have their full name, address, phone number, driver’s license number, insurance information, license plate number, make and model of the car, and who the owner of the car is. If there are passengers involved, make sure to get their name and phone number, as well. A quick and accurate way to get all this information is to take pictures on your phone of any documents they give you (driver’s license, insurance card, license plate, etc.).
    • Contact a lawyer- Make sure you contact an experienced car accident lawyer. A lawyer will be able to help you sort out what happened, how it has affected you, and what steps you need to take.

    If you’ve been in a car accident and need advice on what to do next from a car accident lawyer, contact Kyle today at (770) 744-5250 for your free, expert consultation.