Cox Byington Twyman LLP Cox Byington Twyman LLP 2026-11-11T13:59:41Z 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[A guide to the Georgia criminal appeals process]]> https://www.cox-byington.com/?p=217211 2026-11-11T13:59:41Z 2026-11-11T13:59:41Z Common grounds for a criminal appeal in Georgia A criminal conviction does not always mean the decision is final. If a legal error affected your case, you may have grounds to ask a higher court to reexamine your conviction or sentence. An appeal generally must identify specific legal errors that affected the trial’s outcome, including:
  • Improperly admitted evidence that police obtained illegally
  • Incorrect jury instructions that misstated the law or failed to explain the applicable legal standards
  • Insufficient evidence presented by the prosecution to support a guilty verdict
You might also appeal if your original lawyer failed to provide effective representation that met legal standards and prejudiced your defense.

The appellate timeline and procedure

In Georgia, you generally have only 30 days after the court officially enters the decision or judgment you want to appeal to file a notice. Missing this window could lead you to lose your right to challenge the conviction. Once the process begins, your lawyer reviews the trial transcripts and writes a formal brief. This document outlines the legal errors and explains why the court should overturn your conviction or grant a new trial. The Georgia Court of Appeals or the Supreme Court of Georgia then reviews these arguments to reach a decision.

Helping you move forward

Initiating a criminal appeal can help you dispute the court’s decree and seek the justice you deserve. The attorneys at Cox Byington Twyman LLP can bring the attention to detail required to identify trial errors and build a strong case for your appeal. If you believe the legal system failed you during your trial in Rome or elsewhere in Georgia, contacting the firm can help you discuss your options.]]> On Behalf of Cox Byington Twyman LLP <![CDATA[Estate planning 101: 3 key things new parents should prepare]]> https://www.cox-byington.com/?p=217208 2026-10-13T07:09:03Z 2026-10-13T07:09:03Z Most new parents spend their time thinking about who will pick up the baby, what the next doctor's appointment requires and how to prepare for the years ahead. Concerns about who would raise their child or manage their finances after an unexpected loss may feel too distant to address. Yet these decisions are easier to make when parents can discuss their wishes together, rather than leave loved ones to guess during a crisis. For Georgia families, estate planning offers a way to put those decisions in writing. Three key steps can help parents protect their children and prepare for circumstances they cannot predict.

1. Choose a guardian for minor children

One of the most important estate planning decisions involves choosing who would raise a child if both parents could no longer provide care. Parents should consider trusted relatives or friends who share their values, understand their child's needs and can offer a stable home. Under Georgia Code § 29-2-4, a parent may nominate a guardian for a minor child in a will. Parents should discuss this responsibility with their chosen guardian before naming them. They should also consider an alternate in case their first choice cannot serve. A court may need to address the appointment, depending on the family's circumstances.

2. Create a will to direct assets

A will allows parents to state how their property should pass after death. Without a valid will, Georgia's intestacy laws generally determine how an estate passes to surviving relatives. That outcome may not reflect a family's specific wishes. Parents can use a will to name an executor, identify beneficiaries and nominate a guardian for their children. They should also consider how to manage assets intended for minor children, since minors may need an appropriate legal arrangement to receive and manage inherited property. To create a valid will in Georgia, the person making it must sign a written document in the presence of at least two competent witnesses. Parents should follow these requirements to help make their wishes legally effective.

3. Prepare for medical and financial emergencies

Estate planning also addresses situations in which a parent survives but cannot make important decisions. A Georgia Advance Directive for Health Care allows an adult to name a health care agent and express treatment preferences. A financial power of attorney can authorize someone to handle certain financial matters. These documents can help a trusted person manage urgent responsibilities if illness or injury prevents a parent from acting independently. Parents should review their choices carefully and understand the scope of each document.

Put important decisions in the right hands

No document can prepare a family for every possible outcome. But parents can decide who they trust to care for their children, how their assets should pass to the next generation and who can act on their behalf during a medical or financial crisis. Those choices give loved ones something concrete to follow when difficult decisions arise. A Georgia estate planning attorney can help parents put their wishes into legally sound documents that reflect their family's needs.]]> On Behalf of Cox Byington Twyman LLP <![CDATA[Is a triple net lease good for small businesses?]]> https://www.cox-byington.com/?p=217205 2026-09-11T17:32:26Z 2026-09-11T17:32:26Z What a triple net lease means for your business A triple net lease, often referred to as NNN lease, asks tenants to pay more than just monthly rent. This type of commercial property lease shifts most property expenses from the landlord to you. Unlike a standard lease where you pay rent and the landlord handles everything else, a triple net lease requires you to pay base rent plus three additional costs: property taxes, building insurance and maintenance expenses. Essentially, you take on the financial responsibilities that landlords typically manage. This arrangement gives landlords predictable income while transferring the unpredictability of property costs to tenants.

The hidden costs of a triple net lease

The "triple" in triple net refers to three major cost categories: taxes, insurance and maintenance costs. However, under these three major costs are often highly fluctuating factors and costs, like:
  • Tax share that fluctuates each year based on local tax assessments
  • Insurance premiums that may rise with the property's value or risk level
  • Maintenance expenses for shared spaces like parking lots, lobbies and landscaping
  • Major building repairs or improvements, like a new roof
  • Administrative fees that some landlords might add on top of maintenance costs
Before signing anything, request a detailed cost breakdown. It’s also good to ask for actual or estimates for all three expenses from the past three years. Look for unusual spikes or patterns that might signal problems.

Questions you need to ask before signing

Start by asking what caps or limits exist on annual expense increases. Find out if you'll pay a proportional share based on your square footage or a fixed amount. Make sure you know if the lease holds you responsible for just the routine maintenance or even the structural repairs. Additionally, clarify how the landlord calculates your share of building expenses, especially in a multi-tenant property, and how real estate disputes get resolved.

Making the right choice for your situation

A triple net lease can work well for established businesses with steady cash flow and the ability to absorb unexpected costs. It can work in your favor if your base rent savings outweigh the added costs. However, for newer small businesses operating on tight margins, the unpredictability poses real risks. Consulting a real estate attorney before committing to any commercial lease can help protect your business interests and finances.]]> On Behalf of Cox Byington Twyman LLP <![CDATA[The million dollar mistake: What Georgia’s wealthy overlook before filing for divorce]]> https://www.cox-byington.com/?p=217187 2026-08-17T20:14:54Z 2026-08-17T20:14:54Z built your wealth through careful planning and strategic decisions. Yet, one signature on divorce papers could undo decades of financial discipline in mere months. If you are a high earner in Georgia, you face unique challenges that most divorce attorneys never address. While your neighbor might worry about splitting a savings account, you are navigating business valuations, stock options, executive compensation packages and multi-property portfolios. The stakes are not just higher — they are exponentially more complex.

Why high-asset divorces in Georgia require specialized protection

Georgia state law uses equitable distribution rules when it comes to property division during divorce. This basically means marital assets are divided fairly — not necessarily equally. This distinction is important when your income places you in the top tax brackets. Without proper legal strategy, what may seem fair at first glance can actually have a dramatic impact on all your financial planning. The truth is that high earners often have the most to lose and the least protection. Your assets are more visible, more liquid and more vulnerable to aggressive divorce tactics. Meanwhile, your spouse's attorney may already be calculating the value of your retirement accounts, unveiling hidden business interests and documenting your lifestyle to establish support obligations.

Protecting your financial future starts with these steps

Before you make any moves, understand what is at stake:
  • Identify all marital versus separate property, including businesses started or grown during the marriage. A failure to properly identify property can result in problems during negotiations. 
  • Secure accurate valuations of complex assets such as professional practices, partnerships and intellectual property. An inaccurate valuation can result in significant losses. 
  • Document the source of funds for major purchases and investments. 
  • Review executive compensation including unvested stock options, deferred compensation and bonuses.
These steps form the foundation of your asset protection strategy. Each one requires documentation that takes time to gather, which is why waiting until you file is already too late.

The cost of waiting

Every day without a strategy is a day your assets remain exposed. High-asset divorces in Georgia demand proactive planning, not reactive scrambling. The difference between protecting your wealth and watching it disappear often comes down to timing and experience. You did not build your success by leaving things to chance. Your divorce strategy deserves the same level of careful planning that built your portfolio in the first place.]]> On Behalf of Cox Byington Twyman LLP <![CDATA[Can you refuse a field sobriety test in Georgia?]]> https://www.cox-byington.com/?p=217185 2026-08-07T07:17:38Z 2026-08-12T07:05:09Z Understanding field sobriety tests in Georgia Field sobriety tests are physical and mental exercises that officers use to look for signs of impairment. Officers often ask drivers to walk in a straight line, stand on one leg or follow an object with their eyes. These roadside tests differ from chemical tests, such as breath, blood or urine tests. Georgia generally treats these tests as voluntary. You can refuse to perform them without facing criminal penalties for that decision alone. Unlike chemical tests, roadside tests do not fall under Georgia's implied consent law.

What happens if you refuse?

Although you can refuse roadside tests, officers may view that decision as suspicious. They may decide to make an arrest based on other observations, such as the smell of alcohol, slurred speech or unsafe driving. Declining to take part in a field sobriety test does not have the same legal consequences as refusing a chemical test. However, prosecutors may still try to use the surrounding circumstances during court proceedings. The officer's observations and testimony may also become part of the evidence.

Chemical tests versus field sobriety tests

Field sobriety tests usually take place before an arrest and help officers determine whether they have probable cause to make an arrest. Chemical tests typically occur after an arrest. Georgia's implied consent law provides that anyone who drives on Georgia roads is considered to have consented to chemical testing after a lawful DUI arrest when an officer has grounds to believe the driver is under the influence. Refusing a breath, blood or urine test after arrest may result in a one-year license suspension under the implied consent law. However, under the Georgia Constitution, prosecutors generally cannot use a driver's refusal to submit to a chemical breath test or roadside field sobriety tests as evidence of guilt in a criminal trial. Knowing the difference between roadside tests and chemical tests can help you make informed decisions during a traffic stop.

Weighing your options during a traffic stop

Many factors can affect your performance during roadside tests. Nervousness, medical conditions, uneven pavement and physical limitations may all influence the results. Some drivers choose to politely decline because these tests can be affected by factors unrelated to alcohol or drug use.

Know your rights and responsibilities

Knowing your rights during a DUI stop in Georgia can help you respond calmly and make informed decisions. Although you may refuse roadside tests without criminal penalties, officers may still decide to arrest you based on other evidence. Chemical tests follow different rules and carry more serious consequences under Georgia's implied consent law. Remain polite and calm during any interaction with law enforcement while understanding what you are and are not required to do. Knowing these differences can help you better understand your options during a traffic stop.  ]]> On Behalf of Cox Byington Twyman LLP <![CDATA[What documents should you keep with your estate plan?]]> https://www.cox-byington.com/?p=217182 2026-07-02T15:37:40Z 2026-07-02T15:37:40Z Your core estate planning documents Your first priority is to store the paperwork that forms your estate plan in one secure location. Having everything in one place makes it easier for the people you trust to find your instructions when they need them. Your estate plan may include:
  • Your will
  • Any trust agreements
  • Financial and medical powers of attorney
  • Your advance health care directive or living will
Because these records work together, storing them in different places could make it harder for your executor or trusted representative to understand your wishes and carry them out.

Asset and beneficiary records

Include documents that show what you own and who should receive certain assets. These records give your executor or trustee a clearer understanding of your estate, making it easier to identify what you own and how they should handle those assets. Depending on your situation, you may want to keep:
  • Property deeds and vehicle titles
  • Beneficiary designation confirmations for life insurance and retirement accounts
  • A current list of your major bank accounts, investments and other significant assets
Review these records from time to time so they reflect major life events, such as buying a home, getting married or welcoming a child.

Important personal and contact information

Keep key personal information with your estate plan so your representative knows where to begin. A little preparation now can save your loved ones time and uncertainty later. Consider including:
  • Contact information for your executor, trustee or attorney
  • Marriage, divorce, birth or adoption records if they relate to your plan
  • A list of where you stored your original estate planning papers and other important records
If you have online accounts, store instructions for accessing them separately in a secure location instead of writing down passwords with the rest of your estate planning materials. Many online services also offer features that let you designate a trusted person to access your account if needed.

Keep your estate plan ready when it matters most

An organized estate plan is easier for your loved ones to use when they need it most. As your life changes, take time to replace outdated paperwork and add new records so everything stays accurate and complete. If you are unsure whether it still reflects your wishes or includes everything you need, seeking legal guidance can help you review your documents and make the necessary updates.]]> On Behalf of Cox Byington Twyman LLP <![CDATA[How should an owner approach voluntary dissolution?]]> https://www.cox-byington.com/?p=217163 2026-06-19T06:56:53Z 2026-06-19T06:56:53Z Approval from the owners Authority to dissolve starts inside the company. For a corporation that has issued shares, the board of directors first adopts a resolution recommending dissolution, then submits that proposal to the shareholders for a vote. The shareholders entitled to vote must approve the proposal, and the law allows them to attach conditions to how they submit the matter. A Limited Liability Company (LLC) follows a parallel route. Members vote to dissolve under state law, and members generally record that consent in writing to reflect their unanimous agreement.

Filing with the state

Once you authorize the decision, the company turns to the Georgia Secretary of State. A corporation that has commenced business delivers a notice of intent to dissolve, which formally signals the start of the closure process. Filing that notice does not end the company immediately. The corporation continues to exist for the limited purpose of winding up its affairs—specifically, collecting assets and resolving outstanding debt. Timing and good standing both come into play, as your entity must stay current on its annual registration before these filings can move forward. An LLC reaches the same destination by a shorter route, filing a certificate of termination once it addresses its final liabilities. After the corporation pays or sets aside funds for known debts, it completes the process by filing articles of dissolution. While this ends its general business operations, the corporate entity legally survives for five years solely to address any remaining legal cases.

Notice to the creditors

Winding up centers on the company's obligations. This phase involves collecting the remaining assets, paying or providing for what the business owes and distributing any surplus to the owners in order of priority. Georgia law provides a structured path to address creditors. A corporation may dispose of known claims by sending written notice to each known claimant, and an LLC may follow a comparable notice procedure. For claims that have not yet surfaced, a corporation or an LLC may publish notice and limit the window in which late cases remain valid. Following these procedures narrows the period during which unexpected demands can arise against the business and, in some cases, against its owners.

Clearance through the tax authorities

A clean exit also runs through the tax authorities. On the state side, you file a final return with the Department of Revenue and close the sales and use tax and withholding accounts tied to the business. At the federal level, you file a final return, report final wages and employment taxes and ask the Internal Revenue Service to close the account tied to your employer identification number. The agency will not close that account until the required returns are filed and the balance is paid. Approaching dissolution in this order gives you something practical, a defined end point rather than an entity that lingers on the state's records and keeps generating obligations. Each layer of approval, filing, notice and tax clearance closes off a different source of future risk.]]> 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.]]>