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THE Defender
FEBRUARY 2019
770-919-9525 • FRYELAWGROUP.COM
A PARENT’S LOVE
WHAT TO DO IF YOUR CHILD MAKES A MISTAKE
Because Valentine’s Day takes place in February, love is often at the forefront of people’s minds. While several people celebrate the holiday by showering their sweetheart with gifts, I’d like to focus on a different but equally important type of relationship: the one shared between parent and child. Because one of my main practice areas is juvenile defense, I often work with parents whose child has made a mistake. The court typically isn’t involved if these mistakes are more trivial like forgetting to mow the lawn or missing curfew. Rather, judges and attorneys are required to step in when a child has been charged violating the law. Situations like these might seem straightforward, but when minors are concerned, cases become far more complex. The state of Georgia considers a person who is 13–17 years old to be a minor, and minors are generally tried in juvenile court for criminal offenses. However, for more serious crimes, a minor can be charged and tried in adult court. It helps to know the process your child will face. The last thing you want is to see your child in serious trouble, but when someone you love makes a potentially life-altering mistake, you want them to learn from it. You know they need discipline for their actions in order to grow, but you also want to protect them and keep them out of harm’s way. “While I understand that letting a young person face the consequences of their actions can be useful, in many cases, the punishment does not fit the crime.” Over the last 10 years, I’ve found that a fair number of parents want to follow the tough love approach when their child gets in a minor scrape with the law. They are frustrated with their child’s behavior and don’t know how to fix it, so they decide to let the court try. Unfortunately, this approach can have really permanent ramifications. While I understand that letting a young person face the consequences of their actions can be useful, in many cases, the punishment does not fit the crime. For example, a conviction for possession of alcohol or a misdemeanor possession of marijuana may not seem life-altering, but it can be. Especially in today’s highly competitive world, an immature decision made by a 17-year-old can haunt them for years, even putting their admissions to colleges and future jobs in jeopardy.
Even the most frustrated of parents have their kid’s best interest at heart, and what I want these parents to know is that even if their child consistently missteps, letting the government do the parenting isn’t a good idea. Protecting your child shouldn’t equate to offering them up to the court. Don’t waive their Miranda rights, don’t let officers search their room or their car, and don’t submit them for questioning unless you have an attorney present. Despite parents’ best intentions, young people make mistakes that require them to be subject to the will of the criminal justice system. Regardless of whether it’s a felony or a misdemeanor, the repercussions of a conviction may harm them for years. If your child has been charged with a violation, start by enlisting an experienced attorney who will vigorously defend their rights and protect their best interest. Doing so doesn’t mean you aren’t taking their actions seriously; it just means that you are doing what’s best for your child’s future.
–Kim Frye
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HOW OUR TEAM HELPED A CLIENT GET HER LIFE BACK CHECK OUT THIS SUCCESSFUL CASE!
One of our primary practice areas here at Frye Law Group is DUI defense. Despite the numerous ways a driver can run afoul of the law, there are many ways to contest a DUI charge. Before a police officer stops a motor vehicle, he or she must have an articulable suspicion of a crime, which means behavior or evidence was observed that would lead the officer to believe a crime was committed. What constitutes articulable suspicion is fact-specific and can be different for each case. When there has been a clear violation of the law, such as a speeding car or an expired license plate, articulable suspicion exists. In other instances, the police are clearly wrong. Driving in the early morning hours at approximately 1:30 a.m on a Friday or Saturday night does not by itself create articulable suspicion. A recent jury trial case our team took on involved a permanent resident who was waiting to naturalize as a citizen. One evening, her friends invited her to a “Girls Night Out,” where they went out to dinner and then went dancing. She offered to be her friends’ designated driver, consuming only two alcoholic drinks throughout the entire night. On the drive home, she was pulled over and even though she was compliant with the officer, she was arrested for a DUI. Her citizenship process was being held up due to the charge and the prosecutor refused to reduce the case, so our client elected to have a jury trial. It took 18 months from the time she was arrested for the case to go to trial, but in the end, the jury agreed that she was not impaired and acquitted her of the DUI. Her name has been cleared and she can now continue the process of becoming a citizen. Congratulations to our client on this win!
This case is a perfect example of how Kim and her team utilize extensive training and experience to achieve great results. If you or somebody you know has been charged with a DUI, please don’t hesitate to reach out to our firm today.
WILD DIVORCE SETTLEMENTS
3 TIMES THE DIVISION OF ASSETS GOT OUT OF CONTROL
Dawnell filed for divorce in 2005 and Dr. Batista demanded she give back his kidney or compensate him for $1.5 million in damages. In the end, his request was thrown out in court because the kidney was a gift — and because removing it would be potentially fatal to his ex-spouse.
A LIFE RENT IN TWO
When Moeun Sarim and Vat Navy decided to divorce after 18 years of marriage, Moeun apparently decided that, to keep the split equitable, he and his wife should divide their assets in half — literally. Moeun and his relatives cut the home down the middle, dismantled his portion, and hauled it away. Vat’s half was left standing with one wall missing.
‘HERE, MY DEAR’
When you’re untying the knot, it’s important to be specific about the assets you hope to walk away with. These three over-the-top divorce settlements are good examples of what not to do when dissolving your marriage.
In the divorce agreement between the late Marvin Gaye and his ex, Anna Gordy, it was decided that Anna would be paid from the royalties of Gaye’s next album since he had gone broke from his lavish spending. At first, Gaye decided he’d phone in the production, but he quickly discovered an opportunity to make a unique artistic statement: “I’ll give her my next album, but it’ll be something she won’t want to play and it’ll be something she won’t want the world to hear because I’m gonna tell the world the truth.” In the end, the album was a commercial flop, though critics continue to praise its raw, emotional core.
YOU’VE GOT TO BE KIDNEY ME
Back in 2001, Dr. Richard Batista donated his kidney to his ailing wife, Dawnell, to save her life. Sweet, right? It was — until
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VALENTINE’S DAY AND DOMESTIC VIOLENCE
LEGAL DEFENSES IN FAMILY VIOLENCE CASES
According to the National Resource Center on Domestic Violence, Valentine’s Day is one of three days in the year where there is actually a slight decrease in reports of of these types of incidents. The other two days are on Thanksgiving and Christmas. While reports of these incidents occur less often during the holiday season, domestic violence cases are quite complex for both families and attorneys throughout the rest of this year. On an individual psychological level, domestic violence is defined as an inappropriate outburst of negative emotion channeled into physical aggression onto one’s partner. This outburst often stems from a combination of stress, poor impulse control, and a lack of appropriate coping mechanisms. In the court of law, however, domestic violence isn’t always 100 percent violent. Here at Frye Law Group, our team has seen a fair number of cases in which an individual or both parties in a marriage faced life-altering charges due to authorities being called for a nonviolent argument. In these situations, no physical aggression took place, yet both parties were arrested and charged. If you’ve been arrested for a domestic violence offense, you should be aware that your case can involve a lot more than just the initial criminal charges you face. Matters can be complicated by investigations by the Department of Family and Children Services, applications for protective orders, or the addition of other criminal charges. The heightened emotions affecting the accused, the alleged victim, and any third-party family members can worsen over time.
Our team understands these emotions and knows that family violence cases involve much more than legal facts, trials, and plea bargains. People charged with crimes of domestic violence may suffer due to an unfair accusal or arrest, which can affect a parent’s ability to see their children. If you have been charged with a domestic violence offense, call Frye Law Group for guidance, advice, and legal representation.
TEST YOUR KNOWLEDGE WITH SOME MOVIE TRIVIA
SPICY SALMON TARTARE
INGREDIENTS • 1 8-ounce boneless, skinless salmon fillet • 1 tablespoon fresh lime juice • 1/4 teaspoon lime zest • 1/4 cup cucumber, seeded and finely diced • 1 1/2 teaspoons jalapeno peppers, seeded and minced • 1 1/2 teaspoons shallots, minced
Most students hate taking tests, but here at Frye Law Group, we love a good trivia question. Check out the following film quote below: “I learned the greatest gift of all: The saddest thing in life is wasted talent, and the choices you make with shape your life forever.” 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!
• 3/4 teaspoon fresh ginger, peeled and finely grated • 1 1/2 teaspoons fresh cilantro, minced • 1 1/2 teaspoons fresh chives, minced • 1 1/2 teaspoons grapeseed or vegetable oil • Salt and freshly ground pepper, to taste • Crackers or chips, for serving
INSTRUCTIONS 1. Place salmon in freezer for 20 minutes to make slicing easier. 2. Meanwhile, prepare other ingredients for mixing. 3. Thinly slice salmon into sheets and cut sheets into strips and strips into cubes. When finished, you should have 1/8-inch cubes. 4. In a mixing bowl, combine salmon with all other ingredients. Season with salt and pepper. 5. Garnish with chips or crackers and serve.
Inspired by Epicurious
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170 Anderson Street Marietta, GA 30060 770-919-9525 FryeLawGroup.com
Inside this Issue
A Parent’s Love page 1
Check Out This Successful Case! 3 Wild Divorce Settlements page 2
Legal Defenses in Family Violence Cases Spicy Salmon Tartare page 3
Let’s Retire These Health Myths page 4
THE 5-SECOND RULE WILL MAKE YOU SICK
3 HEALTH MYTHS YOU PROBABLY BELIEVE
We live in the golden age of information. The answers to many of life’s questions are just an internet search away. Despite this readily available wisdom, we still have a bad habit of believing health-related myths. Here are three popular health “facts” that are total works of fiction.
pointed out, over 50 percent of bottled water is just filtered tap water. The same effect can be achieved with a home filtration system. Of course, if the tap water in your area has been contaminated, bottled water is a safer alternative. However, in most circumstances, bottled water is no healthier than tap water.
THE 5-SECOND RULE KEEPS FOOD SAFE
CRACKING YOUR KNUCKLES CAUSES ARTHRITIS
Obviously germs and bacteria don’t really wait five seconds to pounce, but snatching your chip off the floor fast keeps most of the germs away, right? Not according to a 2006 study published by Dr. Paul Dawson. He found conclusive evidence that when food comes into contact with a contaminated surface, bacteria are transferred immediately. Even one second spent on tile, wood, or carpet is enough to infest your food with salmonella or another serious contaminant.
The connection between knuckle-cracking and arthritis came from studies where participants self-reported their habits. Modern medical research has shown these results to be false. The official stance from the John Hopkins Arthritis Center states, “There is no evidence that cracking knuckles causes any damage such as arthritis in the joints.” Still, chronic knuckle-cracking can lead to reduced grip strength, so you might want to break the habit anyway. You’ve probably heard these myths for years, but just because something is common knowledge doesn’t mean it is true. With information so easily available, always take the time to research the facts, especially when it comes to your health.
BOTTLEDWATER IS SAFER THAN TAPWATER
People seeking out safer water alternatives increases the sales of bottled “spring water” each year. However, bottled water is more expensive, bad for the environment, and, as Dr. Morton Tavel of the Indiana University School of Medicine
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