Cox Byington Twyman LLPCox Byington Twyman LLP2024-03-15T16:45:39Zhttps://www.cox-byington.com/feed/atom/WordPress/wp-content/uploads/sites/1103730/2024/03/cropped-CBT_SITEICON_512x512_MAR24-32x32.jpgOn Behalf of Cox Byington Twyman LLPhttps://www.cox-byington.com/?p=2162092024-03-06T21:05:02Z2024-03-06T21:05:02ZSkipping a detailed budget plan
In December 2023, housing sales dropped to 590,000 sales, a 12.2% drop from November. Many potential buyers wait to purchase a home due to budgetary challenges. One of the biggest mistakes prospective homeowners make involves not setting a detailed budget. Consider homeowners’ insurance, property taxes, potential repairs and maintenance, closing costs and mortgage payments in your new budget.
Foregoing pre-approval for a mortgage
Before you start your real estate journey, it is wise to get pre-approved for a mortgage. This process helps you understand how much you can borrow and shows sellers that you are a serious buyer. Skipping this step could lead to disappointment if you find your dream home but cannot secure financing in time.
Neglecting to research the neighborhood
The allure of a beautiful house can sometimes overshadow the importance of researching the neighborhood. Before making an offer, explore the area. Consider factors like schools, amenities and safety.
Ignoring inspection contingencies
An inspection contingency allows buyers to uncover any potential issues with the property before finalizing the purchase. Skipping this important step could leave you stuck with costly repairs or structural problems after closing. Always insist on a thorough inspection by a qualified professional before signing any contracts.
While it is natural to feel excited about finding the perfect home, avoid getting too attached. Stay objective during the buying process, and carefully evaluate each property based on its merits and potential drawbacks.]]>On Behalf of Cox Byington Twyman LLPhttps://www.cox-byington.com/?p=2161822023-12-07T20:30:04Z2023-12-07T20:30:04ZHow a license suspension differs from criminal charges
A DUI arrest often occurs due to a failed blood alcohol test or if a driver refuses such a test. The arresting officer provides the driver with a DDS 1205 notice. This notice serves as a temporary driving permit that also alerts the driver of the upcoming license suspension and the right to appeal.
This Administrative License Suspension is a separate process from the criminal charges the driver faces before a court. The Georgia Department of Driver Services handles suspensions while a Georgia Municipal Court deals with the possible criminal charges. As separate procedures, a driver might be able to successfully fight a suspension even though the court could impose a penalty for a DUI at a later date.
How to appeal a DUI license suspension
The DDS 1205 notice initiates a 30-day window to file a written appeal to the DDS. Failure to act results in a license suspension lasting at least one year. However, a person could incur extensions for repeated violations.
The traditional ALS appeal involves submitting a written appeal to the ALS DUI license suspension along with a $150 filing fee. This temporarily halts the suspension, leading to an administrative hearing before the Office of State Administrative Hearings.
During this hearing, an individual must present compelling evidence to dispute the suspension, addressing factors such as one’s sobriety during vehicle operation and the validity of conducted tests. The hearing officer renders a decision within five days, which the suspended driver can appeal.
Alternatively, a person may opt to request an Ignition Interlock Limited Permit. This involves installing a state-approved ignition interlock device in the vehicle and subjecting drivers to regular BAC tests. While on the IILP, a person can only drive for essential activities, and any detection of alcohol triggers an automatic 6-month license suspension.
The appropriate course of action in each case varies. Still, the 30-day rule gives a person the possibility of fighting for and retaining certain driving privileges, regardless of what a court decides about an alleged DUI.]]>On Behalf of Cox Byington Twyman LLPhttps://www.cox-byington.com/?p=2159602023-09-12T00:38:50Z2023-09-12T00:38:50ZDistribute assets
Regardless of whether you have children, you likely have assets that you want to distribute according to your wishes. Without a clear estate plan, state laws determine where your assets ultimately go. This may result in your assets going to distant relatives or the government, rather than to the people or causes you care about.
Give to charity
Many childless individuals have a strong desire to support charitable organizations and causes that are meaningful to them. An estate plan allows you to include specific instructions for your charitable giving, ensuring your donations go where they can make the most significant impact.
Make end-of-life care decisions
Making decisions about your end-of-life care is important regardless of whether you have kids. Your estate plan can include a living will or advance healthcare directive outlining your preferences for medical treatment and end-of-life care. This relieves loved ones of the burden of making these difficult decisions on your behalf.
Protect loved ones
While you may not have children of your own, you may have siblings, nieces, nephews or close friends who rely on you for support. An estate plan helps protect their financial future by designating beneficiaries, establishing trusts or making provisions for their care.
Research shows that just 33% of Americans create estate plans. However, creating one offers important advantages even if you do not have significant assets or children.]]>On Behalf of Cox Byington Twyman LLPhttps://www.cox-byington.com/?p=2158852023-06-09T21:17:34Z2023-06-09T21:17:34ZHidden costs in the lease agreement
Hidden costs in the lease agreement are a red flag. Some landlords may charge additional fees for maintenance, repairs or even improvements to the property. Always ensure you understand all costs involved before signing the lease.
Vague language about lease duration and renewal terms
Be wary of vague language about the lease duration and renewal terms. Ambiguity on these critical points can lead to unexpected increases in rent or even the inability to renew the lease when the initial term ends.
Responsibility for repairs and maintenance
Another red flag involves the responsibility for repairs and maintenance. If the lease places the burden of major repairs and maintenance on the tenant, this could signal potential financial pitfalls in the future.
Restrictions on signage and advertising
A lease that restricts signage and advertising could also pose problems. Visibility is crucial for many businesses. If a lease restricts the placement of signs or the use of certain advertising methods, it could limit a business's ability to attract customers.
Excessive penalties for breaking the lease
Excessive penalties for breaking the lease could also be a warning sign. Sometimes, despite best intentions and planning, businesses fail or need to relocate. A lease that imposes harsh penalties for early termination can lead to significant financial strain.
Recognizing red flags can help protect your new business from unfavorable lease terms. Always make sure to read all lease terms thoroughly and seek advice when you do not understand something. Your careful attention to detail can protect your business in the long run.]]>On Behalf of Cox Byington Twyman LLPhttps://www.cox-byington.com/?p=2158782023-02-23T00:09:13Z2023-02-23T00:09:13ZTalk with inner circle and retain a skilled attorney
Here are three important steps to take when your company faces a lawsuit:
Examine, address and discuss the legal issues with your inner circle: This is the time to work together with your trusted business team, business partners and respected contacts within the industry. Lean on their advice. As you gain a better understanding of the lawsuit, explore every potential legal angle and share experiences. Someone within your circle may have been involved in a similar incident and may have vital insight. These discussions must remain confidential.
Enlist the help of a knowledgeable and trusted attorney: As a small business owner, you likely do not have access to corporate counsel. Do some research and contact trusted colleagues for references. An experienced and assertive attorney will review every detail within the case in determining whether the plaintiff has a valid case or is merely trying to frighten you.
Gather every significant document: Your goal is to collect supporting evidence that will dispute any or all claims made by the plaintiff. Expect to review documents – paper and electronic, contracts, invoices made out to clients and suppliers, letters, emails and voicemails. You may also want to review any of the plaintiff’s social media sites. Assembling these documents will provide you with a chronology of what occurred and refresh the memories of you and your business team. Safeguard this information, which may be called upon in court.
This unexpected lawsuit has startled you and your business team. It is time for you to organize and prepare. You can do it.
Aggressively address the lawsuit
Understand that responding to a lawsuit will take time away from your business and your customers. But you must address this situation and do so aggressively and successfully. Your company depends on it.]]>On Behalf of Cox Byington Twyman LLPhttps://www.cox-byington.com/?p=2158772022-11-28T15:30:56Z2022-12-05T15:30:25Z1.56 million drug-related arrests. If you face a drug charge, you face potentially severe consequences.
1. What does drug possession mean?
Georgia law considers it a drug possession if you have drugs on you or law enforcement you have control over them in your home or vehicle. You also can get charged for trying to get rid of the drugs, such as throwing them out of a vehicle or dumping them down a toilet.
2. Will I have to serve jail time?
In Georgia, getting caught with less than an ounce of marijuana comes with a misdemeanor charge. Other drug charges automatically become a felony. The penalties associated with your charges will depend on numerous factors, including the amount and type of drug. Following the Drug Schedule classification system, Schedule I and II drugs come with harsh penalties. An arrest for drugs, such as heroin or LSD, may come with up to a 15-year sentence. Possession of the other Schedules may come with a one- to five-year jail term. Even if a misdemeanor marijuana charge means facing a $1,000 fine and a potential year in jail. Any subsequent drug arrests only increase your jail time.
3. What other consequences come with a drug charge?
Along with serving time in jail, a drug charge comes with other costs. Any drug conviction immediately means a suspended license for six months. If you rack up more offenses, you may lose your license for up to two years.
While facing drug charges comes with potentially life-altering changes, remember that prosecutors must prove you had possession of drugs.]]>On Behalf of Cox Byington Twyman LLPhttps://www.cox-byington.com/?p=2158752022-09-06T15:40:03Z2022-09-06T15:40:03ZWhy have an estate plan?
Younger people often associate estate planning with age and money. After turning 18, the law considers a person an adult. Estate planning ensures adults of any age get to decide the allocation of their assets.
According to a survey by Caring.com, only 33% of Americans have a living trust or will. Without one, the court decides where savings, property and assets go. Young adults may think they have limited assets, but assets include jewelry, vehicles, family heirlooms and more.
If a person has a child, estate planning becomes even more important. Planning ahead lets the parent choose guardianship and helps avoid costly probate and other hassles.
What should a plan include?
While it may sound complex, an estate plan only requires a few ingredients to cover the bases. While a will remains the plan's backbone, young adults should also have a living will and life insurance.
A living will, or advanced healthcare directive, lets a person decide who will make medical decisions if a person becomes unable to do so themselves. Obtaining life insurance and designating a beneficiary helps pay off debts without added burden.
Estate plans evolve and require checkups every once in a while. Life-changing events, such as having a child, offer a reminder to ensure everything remains in order.]]>On Behalf of Cox Byington Twyman LLPhttps://www.cox-byington.com/?p=2155792022-06-08T23:04:59Z2022-06-08T23:04:59ZWhat is a DUI checkpoint?
DUI checkpoints, sometimes called sobriety checkpoints, are police-mandated stops on the road designed to see if drivers are under the influence. The stop is typically brief. In most cases, the police will ask one or two questions and allow you to continue on your way. You may need to present your license, registration and proof of insurance.
Should you take sobriety tests?
You have the right to decline chemical tests, such as breath, and field sobriety tests. There are a number of things that could cause you to fail a breath test even when you have nothing to drink. For example, mouthwash and certain medications may produce a false positive.
If the officers suspect that you did drive under the influence, they will likely arrest you even without a chemical or field sobriety test. Regardless, an arrest is not a conviction, and you still have a chance to face the court and argue your case.
Are DUI checkpoints allowed in Georgia?
In the 1990s, the U.S. Supreme Court ruled that DUI checkpoints do not violate your Fourth Amendment right to protection against unlawful search and seizure as long as the stops are not overly intrusive.
Should you decide to refuse a chemical test, either breath or blood, or a field sobriety test at a DUI checkpoint, remember to be polite to the officers.]]>On Behalf of Cox Byington Twyman LLPhttps://www.cox-byington.com/?p=2155802022-03-22T16:29:46Z2022-03-22T16:29:46Zfirst-time buyers represented 34% of all buyers, so you are not alone in your questions about closing. There are several things you should know before closing to ensure the process goes smoothly.
It takes several weeks to close
Once the seller accepts the offer on your new home, you cannot move in right away. Instead, you will typically have to wait between six to eight weeks for your closing appointment.
You will need to bring documentation
You need to bring several pieces of documentation and information with you to your closing appointment. Plan on bringing a copy of your homeowner’s insurance, a cashier’s or certified check for your closing costs and your photo identification.
You receive ownership at closing
On closing day, you will receive official ownership of the home you purchase. Once you sign all necessary paperwork, the title agency will transfer funds from escrow, the deed of your house will go to your name and you will receive keys to the property.
Closing is the final step in the real estate purchasing process, so there will be several things you need to do before this appointment. Coordinate with your real estate agent to make sure you have everything beforehand and review all closing documents prior to closing day.]]>On Behalf of Cox, Byington, Twyman & Johnson, LLPhttps://www.cox-byington.com/?p=592742019-12-03T21:12:32Z2019-12-03T21:12:32Z