Cox Byington Twyman LLP Cox Byington Twyman LLP 2026-06-05T18:43:36Z https://www.cox-byington.com/feed/atom/ WordPress /wp-content/uploads/sites/1104786/2024/03/cropped-CBT_SITEICON_512x512_MAR24-32x32.jpg On Behalf of Cox Byington Twyman LLP <![CDATA[5 mistakes to avoid when buying a home in Georgia]]> https://www.cox-byington.com/?p=217033 2026-05-25T10:20:30Z 2026-05-25T10:20:30Z Buying a home is one of the largest financial decisions you will ever make. In Georgia's competitive market, a single misstep can cost you thousands or eliminate the home entirely.

Skip the pre-approval and lose the house

Sellers in Georgia's active markets rarely consider offers from buyers without mortgage pre-approval. Pre-approval tells you what you can afford and signals to sellers that you are serious. Getting pre-approved before you tour a single home keeps your search realistic. Georgia also offers help you may not know about. The Georgia Dream Homeownership Program provides down payment assistance and affordable loan options for eligible first-time buyers. Check your eligibility with an approved lender before you start searching.

Overlook Georgia-specific costs

The purchase price is only part of what you will pay. Georgia buyers face several costs that catch people off guard:
  • Property taxes: Rates vary significantly by county and affect your monthly escrow payment
  • HOA fees: Many Georgia suburbs require mandatory monthly or annual fees with strict rules
  • Septic inspection: Properties outside main sewer lines often have septic systems that need a licensed inspector
  • Pest report: Georgia's climate makes termite damage common; a Wood Infestation Report under O.C.G.A. § 8-2-35 is standard before closing
Ask the seller for utility bills, HOA documents and inspection history before you commit.

Skip the home inspection

Waiving an inspection to win a bidding war is a serious risk. A general inspection may not catch every Georgia-specific issue, including elevated radon levels common in north Georgia or a failing septic system. Structural damage from termites can also go undetected without a separate pest report. Hire a certified inspector and attend the walkthrough. Use the findings to negotiate repairs or price adjustments before you finalize the purchase.

Ignore school district boundaries

Do not assume a home falls within your preferred school district based on its location. Georgia districts do not follow simple geographic lines. Confirm the exact district assignment for any home you seriously consider. Visit schools directly and review ratings, test scores and enrollment options before you decide.

Let emotions drive the offer

A home that feels perfect can push you to offer beyond your budget or ignore red flags. Stick to a budget that leaves room for repairs, rising costs and unexpected expenses. One useful guideline is to keep total housing costs below 28% of your monthly gross income.

Understand your legal options before you close

Georgia real estate law shapes how risk moves between buyers and sellers. An attorney can help you review your purchase agreement and understand your rights before you sign.  ]]> On Behalf of Cox Byington Twyman LLP <![CDATA[How clothing affects your performance in field sobriety tests]]> https://www.cox-byington.com/?p=217034 2026-05-18T13:39:17Z 2026-05-18T13:39:17Z How does your footwear affect your balance? Field sobriety tests often require you to demonstrate balance and coordination. The walk-and-turn test and one-leg stand are two common evaluations that heavily depend on your stability. Your choice of footwear can dramatically affect your performance on these tests. High heels present obvious challenges. Even people who wear them regularly might struggle to maintain perfect balance while performing unfamiliar movements on the side of a road. Platform shoes, flip-flops and worn-out footwear with smooth soles can also compromise your stability. Under National Highway Traffic Safety Administration guidelines, officers should give you the option to remove your footwear if you are wearing heels more than two inches high. Athletic shoes or flat, supportive footwear generally provide the best foundation for these tests. However, even comfortable shoes might not prevent you from struggling if the road surface is uneven or if the weather conditions are poor.

How does clothing restrict your movement?

Tight or restrictive clothing can interfere with your ability to perform certain test components. A narrow skirt might prevent you from taking the heel-to-toe steps required in the walk-and-turn test. Heavy coats or bulky jackets can affect your balance and make it harder to follow instructions that involve arm positioning. Loose or flowing clothing presents different problems. Long dresses or oversized pants could cause you to trip or lose your footing. Baggy sleeves might obscure your hand movements, making it difficult for the officer to observe whether you are following instructions correctly.

What other factors can affect your performance?

Beyond shoes and restrictive garments, other clothing elements can affect test performance. Accessories like heavy jewelry or bags can throw off your balance. Sunglasses or hats might interfere with the horizontal gaze nystagmus test, where officers observe your eye movements. Weather-appropriate clothing adds another layer of complexity. If you are shivering in light clothing or overheating in heavy layers, your physical discomfort could affect your coordination and ability to focus on instructions.

What can you do?

If you find yourself in this situation, you might consider politely mentioning any clothing-related challenges to the officer. Documenting what you were wearing at the time could also be valuable information if you later need to discuss the circumstances of your traffic stop with a legal professional. Keep in mind that field sobriety tests are voluntary in Georgia, which means you may refuse to take them.

Your vigilance may protect you from a DUI charge

Understanding how clothing can affect field sobriety tests gives you important context during a traffic stop. If your clothing or footwear limits your movement or balance, mention those concerns clearly and respectfully. You should also remember the conditions and what you wore at the time. These details may help you evaluate the accuracy and fairness of the test results, which may protect you from wrongful charges.]]> On Behalf of Cox Byington Twyman LLP <![CDATA[4 things to know before buying an existing business in Georgia]]> https://www.cox-byington.com/?p=217035 2026-04-21T15:53:47Z 2026-04-21T15:53:47Z Buying an established Georgia business is one of the most strategic moves you can make. The financial opportunity is real, but the legal side of a deal is where deals fall apart. Before you reach the closing table, key legal areas deserve your attention. State law shapes how risk shifts between parties. Understanding that early puts you in a stronger position.

Due diligence goes deeper than the financial records

Your financial team will review revenue, expenses and projections. Legal due diligence covers a different layer altogether. It uncovers ongoing lawsuits, unpaid debts and contract responsibilities that no financial statement will reveal. How you structure the deal is one of the most critical decisions you will make. In Georgia, asset purchases and stock purchases carry very different risk consequences. A stock purchase means you buy the business itself, including any existing tax requirements and employment claims.

Four legal checkpoints before you close in Georgia

Knowing where to direct your attention makes legal due diligence more effective. In a Georgia business acquisition, four areas tend to surface the most meaningful risk:
  • Entity standing and claims: UCC filings, judgment liens and encumbrances against business assets all deserve a search, along with a good standing check with the Georgia Secretary of State.
  • Deal structure and liability exposure: Georgia law treats asset and stock purchases very differently on liability. The structure you choose shapes your personal and business risk.
  • Existing contracts and transferability: Active agreements, including leases, vendor contracts and client agreements, all deserve close review. Under Georgia law, some will require third-party approval before they transfer to you.
  • Employment compliance and transferable licenses: Outstanding employment claims, Georgia workers' compensation duties and the transferability of operating licenses and permits all factor into the deal.
Any one of these areas could change the value or risk of your purchase.

The right legal partner changes everything

Knowing what to look for is a strong starting point. An experienced legal support can work through each of these areas with you. Issues that come up during legal review often become negotiating points that protect your investment. Georgia's acquisition landscape has specific details that make local counsel especially valuable.]]> On Behalf of Cox Byington Twyman LLP <![CDATA[When refund fraud can lead to theft charges in Georgia]]> https://www.cox-byington.com/?p=217036 2026-03-23T04:07:49Z 2026-03-23T04:07:49Z Recognize the conduct that can lead to theft charges Georgia has a specific law for refund fraud. You may face that charge if a store claims you used a false or altered receipt, returned stolen merchandise or used another dishonest method to get money, store credit or other value. You may also face a separate theft charge if the facts suggest you took the item, used deception to get a refund or handled property the store claims was stolen.

Evaluate the facts that can escalate a refund fraud case

Even when the underlying allegation remains the same, additional circumstances can still increase the seriousness of the case. For example:
  • Larger refund amounts tied to the transaction
  • Multiple incidents combined into one allegation
  • Return activity linked across stores or dates
  • Detention by store personnel during the incident
In Georgia, the amount at issue can influence whether the allegation remains at the misdemeanor level or rises to a felony charge. The law may also let the state aggregate certain incidents, which can raise the total value at issue. At the same time, detention by store personnel can quickly transform a return dispute into a more serious criminal accusation.

What the accusation may turn on

A refund fraud allegation in Georgia may lead to a theft charge when the return involves more than a disputed transaction. Your next step may depend on the refund amount, whether the store links other incidents to the same case and whether staff detained you during the event. Reviewing those facts closely may help you see where the risk may rise.]]> On Behalf of Cox Byington Twyman LLP <![CDATA[How alimony is determined in a Georgia divorce?]]> https://www.cox-byington.com/?p=217037 2026-03-18T08:41:32Z 2026-03-18T08:41:32Z financial support after a marriage ends requires a careful look at both spouses’ lives. In Georgia, courts refer to this support as alimony. It may help a spouse adjust to a new financial reality, although it is not guaranteed. Judges often aim for fairness by weighing several factors to decide if support makes sense and, if so, in what amount.

Assessing eligibility and potential bars

Before a court looks at payment amounts, it may first consider the cause of the separation. Although Georgia allows “no fault divorce”, conduct can still affect alimony. For example, if evidence suggests that a spouse’s adultery or desertion led to the breakup, a judge may decline to award alimony to that spouse. This issue can serve as an important starting point in many cases.

Evaluating financial need and ability to pay

In many situations, courts rely on a need versus ability to pay analysis. A judge may look at whether one spouse has a real financial need and whether the other has the means to provide support. Courts often review several financial factors:
  • Income and assets: Judges may compare salaries, earning capacity and separate property owned by each spouse
  • Standard of living: Courts may consider the lifestyle the couple maintained during the marriage while also weighing what remains realistic after separation
  • Earning capacity: This may include education, work history and time spent out of the workforce
Taken together, these factors can help the court form a clearer picture of each spouse’s financial position.

Considering the marriage history

The overall history of the marriage may also shape the outcome. Courts often look at how long the marriage lasted and how each spouse contributed. Several points may come into play:
  • Duration of the marriage: Longer marriages often involve deeper financial ties than shorter ones
  • Non-monetary contributions: Courts may recognize efforts such as homemaking or supporting a spouse’s career growth
In some cases, a spouse may have set aside career opportunities to manage the household. A judge may weigh that decision when considering support.

Distinguishing between types of spousal support

Georgia courts generally recognize different forms of alimony depending on the situation. Temporary support may help maintain stability while the divorce remains pending. After the divorce becomes final, support may continue for a set period. In many cases, this type of support allows the receiving spouse time to gain education or job skills. In less common situations involving long marriages or health concerns, spousal support may last longer.

Understanding future modifications

Alimony does not always remain fixed. If a substantial change in financial circumstances occurs, such as a job loss or serious illness, a court may review the existing arrangement. In addition, Georgia law may allow a reduction or end to payments if the receiving spouse begins living with a romantic partner in a supportive relationship. This reflects the idea that alimony often depends on ongoing financial need.

A case by case process

Every divorce involves a unique set of facts. Because judges have broad discretion, outcomes may differ from one case to another. Careful preparation and a clear understanding of these general principles may help individuals better anticipate how alimony decisions could unfold.]]> On Behalf of Cox Byington Twyman LLP <![CDATA[2 things to know after a theft arrest in Georgia]]> https://www.cox-byington.com/?p=216376 2026-02-23T04:34:31Z 2026-02-23T04:34:31Z Knowing which charges and procedures may follow Georgia theft charges may include theft by taking, theft by deception or shoplifting. If police arrested you during a protest or crowd event, you might also see allegations like criminal trespass or disorderly conduct. Early case development may involve several procedural areas, including:
  • First court appearance: Initial judicial review within roughly 48 to 72 hours after arrest
  • Release conditions: Possible discussion of bond terms and supervision expectations
  • Allegation framework: Identification of the specific theft category based on claimed conduct
  • Information review: Analysis of statements, recordings or transaction-related material
  • Circumstance evaluation: Consideration of pressure claims or beneficiary-related involvement
These issues may shape the state's later arguments. Your specific facts may still matter.

Understanding possible effects on records, costs and daily life decisions

A theft allegation may affect more than court proceedings. An arrest record may lead to questions during background checks for jobs, housing or school. Costs may also come up, such as bond payments, court fees or lost work time. Daily routines may change because of court dates or release terms. Work tasks, classes or personal plans may need adjustment. Each situation differs, but early awareness may help you consider practical next steps while the process continues.

What to keep in mind as your case progresses

At this stage, gathering clear information and paying attention to deadlines or requirements may help reduce confusion. Small practical steps, such as organizing documents or noting important dates, may create a better sense of control while details continue to unfold. Every situation develops differently, so staying informed and open to guidance that fits your circumstances may support more thoughtful next decisions.]]> On Behalf of Cox Byington Twyman LLP <![CDATA[Estate planning for logistics professionals]]> https://www.cox-byington.com/?p=216375 2025-11-27T12:05:53Z 2025-11-27T11:54:32Z How can I protect my transportation assets? For logistics professionals, protecting transportation assets is a big concern. Having the right insurance is crucial, but you also need to plan your estate to reduce potential risks. Here are some strategies: • Creating a Limited Liability Company (LLC): This can protect your personal assets from business debts and lawsuits. • Keeping your insurance updated: Make sure your insurance covers the true value of your assets and any potential risks. • Setting up a trust: Trusts can protect your assets from creditors and ensure your beneficiaries receive what you plan for. By taking these steps, you can feel confident that you've done your best to protect your valuable assets.

What if you are always on the road?

Many people in logistics travel a lot for work, which can make planning a bit trickier. Start by creating a complete estate plan that deals with these issues.
  • Durable power of attorney: This document allows you to pick someone to take care of your money matters if you become unable to do so yourself. This document stays valid even if you cannot make decisions, helping to protect your finances in unexpected situations.
  • Healthcare directive: This is like a living will that lets you write down what medical treatments you want if you cannot speak for yourself. It also allows you to choose someone you trust to make healthcare decisions for you, making sure your wishes are followed during serious medical situations.
  • Regularly check beneficiaries: Make sure the people you have listed to receive your life insurance and retirement money are up to date.
These documents ensure you keep your wishes intact even when you are traveling.

Protecting your legacy in Georgia

Estate planning is more than just writing a will. It is about making sure your family is secure and your business keeps running smoothly. Besides the legal documents, you should also have a plan for who will take over your business. By dealing with these specific issues, you can create a complete estate plan that fits your situation and protects your family.]]> On Behalf of Cox Byington Twyman LLP <![CDATA[3 ways a defense attorney can challenge possession charges]]> https://www.cox-byington.com/?p=216369 2025-08-29T13:39:47Z 2025-08-29T13:39:47Z Question potential issues with searches and seizures A defense may involve checking whether officers followed Georgia rules during a stop or search. Police must have a valid reason to conduct a stop, search a car or enter a home. If those steps lacked proper cause or paperwork, the court may question the evidence. A careful review of these details helps a lawyer determine whether certain aspects of the case rest on uncertain grounds. Local knowledge of court practice in Rome may also guide the defense strategy.

Review possession classification and quantity

Possession charges in Georgia often depend on both classification and quantity. State law sets thresholds by weight and type that may raise a charge from simple possession to trafficking. Because of this, a lawyer may review laboratory results to confirm the accuracy of the testing. Mistakes in labeling or recording the weight could affect the level of the charge. Reviewing custody procedures for the substances may also identify concerns. Connecting the type and amount with Georgia thresholds allows the defense to highlight points that may influence the course of a case.

Consider sentencing alternatives and programs

A defense lawyer may guide clients through options that avoid harsh outcomes. This includes reviewing programs in Georgia that emphasize treatment or education. Sentencing alternatives in Georgia may include:
  • Diversion programs that provide rehabilitation
  • Conditional discharge that applies to first-time offenders
  • Substance courts that offer supervised recovery
These alternatives depend on eligibility and case specifics. They may also ease the long-term impact while still meeting court requirements.

Building a strong defense approach

Possession cases in Georgia often demand close attention to detail and familiarity with local procedures. A defense lawyer may examine the methods by which evidence was obtained, review the type and amount, explore sentencing alternatives, explain potential penalties and help the accused understand their rights. While results vary, connecting these areas shows the importance of professional guidance and highlights paths that may influence the course of a case.]]> On Behalf of Cox Byington Twyman LLP <![CDATA[What do small business owners need to know about easements?]]> https://www.cox-byington.com/?p=216349 2025-05-27T11:03:04Z 2025-05-27T11:03:04Z Small business owners often get caught up in day-to-day operations while missing important property issues that lurk beneath the surface. Easements rank among the most overlooked legal matters that can drastically affect your commercial property rights. These arrangements give others specific usage rights to portions of your property while you maintain ownership. Getting smart about easements now can prevent expensive legal battles and business interruptions down the road.

Types of easements that can affect your property

You need to recognize the various easements that might impact your commercial property before problems emerge. Each type creates different obligations and restrictions you should understand:
  • Access easements: These permit specific people or the public to cross your property to reach another location - think of a neighboring shop whose customers must drive through your lot to reach their store.
  • Utility easements: Power companies, water departments and cable providers rely on these to place and service equipment on your land, potentially limiting where you can build or expand.
  • Prescriptive easements: When someone uses part of your property openly for roughly 20 years in Georgia without your permission, they might gain legal rights to continue that use indefinitely.
  • Conservation easements: These restrict development on portions of land to protect natural features and sometimes offer tax advantages to property owners.
Identifying existing easements helps you make wiser decisions about property improvements and business growth.

Protecting your business from easement surprises

Smart research before buying commercial property can stop unwanted easements from catching you by surprise after you've already signed the papers. Take these steps to protect your investment:
  • Examine property surveys and title documents with extra attention to detail
  • Work with a real estate attorney who specializes in commercial properties
  • Walk the entire property looking for signs of existing easements
  • Speak directly with neighboring owners about any shared access points
  • Search county land records for officially documented easements
Tackling easement issues early gives you room to seek better terms or adjust your business plans as needed. Easements work both ways - sometimes protecting your interests and other times limiting what you can do with your property. Working with a skilled attorney helps ensure the fulfillment of your business needs while respecting valid easement claims.]]> On Behalf of Cox Byington Twyman LLP <![CDATA[How to talk to your parents about estate planning]]> https://www.cox-byington.com/?p=216329 2025-02-25T14:42:02Z 2025-02-25T14:42:02Z approach the subject with care and respect.

Why this conversation matters

Imagine a family torn apart after a loved one’s passing because no one knew what their wishes were. This scenario can lead to misunderstandings and disputes, something that you may avoid with a clear estate plan and open family discussions. Here’s how you can start the conversation:
  1. Be sincere: Start by expressing your sincerity and saying you want to discuss this matter to ensure your parents' wishes are respected. Let them know you’re coming from a place of love and care.
  2. Focus on benefits: Highlight the peace of mind that comes with knowing everything is in order. It can also prevent family conflicts and ensure that an executor handles their assets according to their wishes.
  3. Offer support: Your parents may feel overwhelmed by the idea of estate planning. Let them know you’re there to help. This might include offering to research attorneys or assist in organizing documents. Your involvement shows your commitment to their well-being.
Talking to your parents about estate planning might feel daunting, but it’s an act of love that ensures everyone is on the same page. With understanding and preparation, you may help protect your family’s future and honor your parents’ wishes.

How can a lawyer help your family?

An estate planning lawyer may provide guidance tailored to your family’s unique situation, ensuring you meet all legal requirements and address potential issues. They can help clarify complex details and offer advice on creating a comprehensive plan that aligns with your family’s wishes.]]>