Frye Law - December 2018

THE Defender

DECEMBER 2018

770-919-9525 • FRYELAWGROUP.COM

HAPPY 10-YEAR ANNIVERSARY TO FRYE LAW GROUP!

WHAT A DECADE OF EXPERIENCE HAS TAUGHT ME

Frye Law Group celebrated its 10-year anniversary recently, and even though Hurricane Florence caused some heavy rain in the area, we still had a great turnout of former clients, judges, fellow attorneys, and great local friends. During big celebrations such as this one, I often find myself reflecting on the beginning — the beginning of my career, the beginning of Frye Law Group, and the beginning of all the professional relationships I’ve forged over the years. Because all of us here at Frye Law Group have been excitedly awaiting this big milestone, I find myself thinking about the group’s early years quite often lately. A lot of attorneys are able to pinpoint the exact reason they decided to pursue a career in law, but my experience has been completely different. I didn’t read “To Kill a Mockingbird” or watch “A Few Good Men” and suddenly know the path I wanted to follow. When I look over the past 10 years in particular, I’ve come to realize that I do what I do because I truly like to stand up for people. There have been moments throughout my life

“When I look over the past 10 years in particular, I’ve come to realize that I do what I do because I truly like to stand up for people.”

While our mission has not changed since the group’s early days, there are definitely ways that we’ve worked to improve the business. As an attorney, for instance, I am always seeking to be more knowledgeable and more aggressive on behalf of my clients. I’ve attended particularized training to amplify my knowledge in my main areas of focus: sex crime defense, DUI defense, and juvenile defense. I am also making client education a primary focus as well, and one important thing I want my clients to know as we head into the new year pertains to relationships between judges and attorneys. While I might be professional or friendly toward judges or opposing attorneys, my overarching goal is to protect my clients. I accomplish this goal by intently listening to cases, learning everything I can about my clients, and then ceaselessly fighting to get my cases in front of a jury.

where people didn’t defend me or stand up for me when they should have, and in a certain way, that pushed me to help others who might not be able to protect themselves. In fact, it was this desire that encouraged me to transition out of my prosecuting attorney role and open a defense law group. To me, there is no bigger opponent than the government because it will always have access to more resources — more lawyers, support, and money. It’s in my nature to help the underdog, and in so many of my cases, the underdog is a person dealing with a very serious offense or accusation. Our group’s mission is “Relentless defense,” and for the last decade, we have constantly striven to find new ways to provide it for clients. We’ve been tenacious about helping clients receive the right outcome for their specific cases. Sometimes the right outcome isn’t the one at the forefront of people’s minds. For example, we might suggest that a client seek treatment in a different state or we might fight for complete dismissal — essentially, we just try to find the resolution that fits each individual best.

As my team and I continue into our 11th year, our clients can anticipate even more tenacity, education, and protection than they did in the years prior.

–Kim Keheley Frye

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A MASSIVE BLACK FRIDAY LAWSUIT FAKE DISCOUNTS AND ANGRY SHOPPERS

Shoppers flock to retailers every Black Friday in hopes of securing the best deals on the year’s hottest products. There are many nasty aspects of Black Friday — the long lines, the overzealous shoppers, the limited stock of items — but phony pricing and fake sales shouldn’t be among them. But that’s exactly what happened to folks in Los Angeles during the 2016 holiday season, leading to the biggest Black Friday lawsuit in history. In December of 2016, the Los Angeles City Attorney’s Office sued J.C. Penney, Sears, Macy’s, and Kohl’s for a practice called “false reference pricing,” a nefarious tactic whereby retailers lie about the original price of an item to make a discount appear bigger than it actually is. For example, Sears sold a Kenmore washing machine at a “sale price” of $999.99, compared to a “regular price” of $1,179.99. The problem was the so-called sale price was actually the price that product was offered at every day. Therefore, it wasn’t actually on sale. Duping your customers is a bad business practice, but what makes it illegal? Well, California law requires that retailers post a retail price no higher than what the product was sold at within three months prior to the ad. “Families today … are striving to get the very most they can get from an extremely hard-earned holiday shopping dollar,” said LA City Attorney Mike Feuer. “They deserve to make an informed decision.” After the suit was brought against them, the retailers all quickly moved to settle, promising to never engage in false reference pricing again.

Most retailers offer discounts around the holidays to encourage shoppers to come into their stores or visit their websites. Promotions and sales are great tools in any business’s arsenal, provided they aren’t out to mislead customers. Big-box stores may try to manipulate innocent people, and it’s up to aggrieved customers to hold those corporations accountable. Nearly every year, you’ll read about a class-action lawsuit that develops in response to the shady tactics of businesses eager to secure those holiday shopping dollars. Are there great bargains to be had on Black Friday? Of course. But if something sounds too good to be true, it very well might be. Keep your eyes peeled and don’t let retailers trick you into a purchase you wouldn’t make otherwise.

NEED A HAND PREPARING YOUR TAXES THIS YEAR?

HOW ANGELA PETTY CAN HELP YOU REACH YOUR GOALS

This time of year — perhaps more than any other — people are focused on their finances. Between buying the perfect gift for your friends and family members, turning up the heat to combat the colder temperatures, and preparing for the upcoming tax season, the end of the year often causes you to dip into your pocket a little more often than usual. It is for this reason that I want to introduce Angela Petty, my great friend and amazing CPA. Angela has worked in accounting for over 17 years, and her love for her job is twofold. She enjoys helping people save money on their taxes so they can reach their business or personal goals, and she also just really loves math! With all the changes going into effect this year, Angela wants to help spread some financial knowledge to help the great people of Georgia save a few extra dollars. INFORMATION FOR INDIVIDUALS If you are in sales and travel for work, then the company you work for might reimburse a percentage of the money you spend while on the road or give you a monthly stipend. In previous years, you could deduct the remainder of that stipend. With the upcoming changes, that type of deduction is no longer available. My

recommendation for these salespeople is that they go to the human resources department at their company and request their mileage allowance be increased. This way, they don’t have to spend their own money without being properly reimbursed. INFORMATION FOR SMALL BUSINESSES If you own an LLC or S corporation, you have the potential for a 20 percent deduction on your annual net worth. This is truly fabulous news for small-business owners. However, this deduction is subject to some limitations. Be sure to reach out to Angela to determine if you can qualify. In addition to these changes, there are several others you need to be aware of before starting your taxes in the upcoming months. I strongly recommend giving Angela a call at 678-235-8962 or go to AngelaPettyCPA.com. She will take the time to thoughtfully answer all your questions and work her hardest to save you money!

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KNOW YOUR RIGHTS, AND BE RESPECTFUL

WHAT TO DO IF YOU’RE STOPPED BY THE POLICE DURING THE HOLIDAYS

This time of year, everyone seems to be dusting off old family traditions as they prepare for the merriment on the horizon. At some point this month, you’ll probably dress up for an ugly-sweater party, exchange white-elephant presents, and watch “How the Grinch Stole Christmas” on TV at least five times. Unfortunately, alongside these joyous holiday customs, there is a darker side of the season: a major increase in DUI citations. In the period between Thanksgiving and New Year’s Day, there is a dramatic increase in drunk-driving offenses and other alcohol-related issues. In fact, the statistics are sobering. Because people are traveling to see their families, more drivers are on the road. And since 16 percent of adults admit that they drink more than usual during the holidays, the plausibility of receiving a DUI is exponentially higher. Using ridesharing services like Uber or Lyft are always cheaper than getting a DUI, and we highly recommend them. Many people call Frye Law Group to inquire about what they should do if they are stopped by the police after they’ve had something to drink. One piece of information that our attorney Kim would like you to keep in mind is that when the police pull you over, they are doing so to investigate a crime — regardless of whether it’s a routine traffic violation or a DUI. If they ask you to take part in any field sobriety evaluations by having you walk a straight line, lift up your leg, check your eyes, or blow in a Alco-Sensor, you need to remember that your participation is completely voluntary. You don’t have to do a sobriety test if you don’t want to. Respectfully but firmly tell the officer, “No, thank you, I’d rather not.” You can also ask if you are under arrest or free to leave.

The exact same rights apply if you are stopped at a DUI checkpoint. Not many people are aware that DUI checkpoints are considered legal in the state of Georgia, and during the holiday season, you’ll likely see more of them. Remember that you still don’t have to participate in a field sobriety test. You are only required to produce your driver’s license and proof of insurance if asked at these checkpoints. If you have any other questions about what to do if you are pulled over by the police, don’t hesitate to give our office at call at 770-919-9525.

TEST YOUR KNOWLEDGE WITH SOME MOVIE TRIVIA Even the best of students hates taking tests, but here at Frye Law Group, we love a good trivia question. Check out the following film quote below: “One judge is quite like another. The only differences may be in the state of their digestion or their proclivities for sleeping on the bench. For myself, I can digest pig iron. And while I might appear to doze occasionally, you will find that I am easily awakened, particularly if shaken gently by a good lawyer with a nice point of law.” Do you know the movie this quote is from? If so, send an email to news@fryelawgroup.com as soon as possible, including your phone and the title of the film. The first three responders to answer correctly will win a free gift card to Jack’s New Yorker Deli!

PRIME RIB: ONE OF KIM’S FAVORITE HOLIDAY MEALS

INGREDIENTS • 1 bone-in prime rib (6–7 pounds) • 8 cloves garlic, thinly sliced

• 1 tablespoon fresh thyme, chopped • Salt and freshly ground pepper, to taste

• 2 cups red wine • 4 cups beef stock

INSTRUCTIONS

1. 30 minutes before cooking, remove roast from fridge and let sit until it reaches room temperature. 2. Heat oven to 350 F. 3. Make small slits in prime rib and stuff with slices of garlic. Liberally season with salt and pepper. 4. Place a rack inside a roasting pan and roast prime rib for 2 hours, until medium-rare. 5. To make au jus, place roasting pan with drippings from roast over 2 burners on high. Add wine and scrape pan as liquid reduces. Add beef stock and cook until reduced by half. Finally, sprinkle in thyme. 6. Slice roast and serve topped with au jus.

Inspired by Food Network

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170 Anderson Street Marietta, GA 30060 770-919-9525 FryeLawGroup.com

Inside this Issue What a Decade of Experience Has Taught Me page 1 The Biggest Black Friday Lawsuit in History Need Help Preparing Your Taxes This Year? page 2 What to Do if You’re Stopped by the Police During the Holidays Holiday Roast Prime Rib page 3

What Do My Symptoms Mean? page 4

4 WINTER ILLNESSES YOU’D RATHER AVOID

KNOW WHAT TO LOOK FOR BEFORE THEY ATTACK

Achoo! That’s the last noise you want to hear this winter. Cold weather brings a slew of sicknesses, so be vigilant to treat these common illnesses, or better yet, avoid them altogether. THE COMMON COLD Although there is no cure, a cold is easier to treat than other illnesses. If you or a loved one has a runny nose, low-grade fever, headache, cough, nasal congestion, or sore throat, the common cold has most likely taken hold. With the help of rest and perhaps some cold medicine, like cough drops and decongestants, the cold will come and go in about a week. BRONCHIOLITIS Bronchiolitis appears most commonly in children less than a year old and is caused by other viruses. Of the many symptoms — nasal congestion, low-grade fevers, and coughing — wheezing is the one you should be most concerned about. If your child is having difficulty breathing and is dehydrated, they may have caught a more serious strain of the virus. Most children will recover with at-home rest, but some may need to be hospitalized for more severe symptoms.

INFLUENZA The flu is known for causing high fever, muscle aches and pains, nausea, and other symptoms similar to a cold. Often, the fever will last for around five days, but it can be shortened with the aid of antiviral medications. However, these medications are recommended only for children who face serious complications or hospitalization from the flu. If you want to avoid catching this, your best bet is to receive the annual flu vaccine. STREP THROAT A sore throat, headache, stomach ache, vomiting, and high fever are signs of strep. This infection is treated with antibiotics and should be addressed soon after the first symptoms appear to prevent further complications. Children with strep throat should stay away from school and other activities until they’ve been on antibiotics for 24 hours. Everyone knows that getting sick is no fun and is best avoided at all costs. However, it happens to everyone eventually. Catching a virus or infection in its early stages can help you shake the sickness much faster.

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