Law Office of T. Rabb Wilkerson, III, P.C. Law Office of T. Rabb Wilkerson, III, P.C. 2026-08-14T07:13:53Z https://www.rabbwilkersonlaw.com/feed/atom/ WordPress /wp-content/uploads/sites/1304278/2025/09/cropped-siteicon-32x32.png by Law Office of T. Rabb Wilkerson, III, P.C. <![CDATA[Can self-defense defeat an assault charge in Georgia?]]> https://www.rabbwilkersonlaw.com/?p=49424 2026-08-14T07:13:53Z 2026-08-14T07:13:53Z How can a self-defense claim affect an assault case? A valid self-defense claim can justify conduct that led to an assault charge. It may also weaken the case when evidence supports the use of lawful defensive force. The charge and facts matter. Force used during an active threat differs from force used after the danger ends. A self-defense claim can also affect plea negotiations, court proceedings or trial strategy. The evidence can shape the strength of the defense.

What evidence can strengthen a Georgia self-defense claim?

Early legal review can clarify what happened during an alleged assault. An attorney can examine the facts and records to trace how the conflict began and how it unfolded. Relevant evidence may include:
  • Video footage: Security, cellphone or body-camera video may show how the conflict started.
  • 911 calls: Emergency recordings may capture statements made soon after the incident.
  • Messages: Texts or social media posts may provide context about the dispute.
  • Photos and medical records: These records may document injuries or property damage.
  • Witness accounts: Independent witnesses may explain how the confrontation began.
  • Conflicting evidence: Inconsistencies in witness statements, physical evidence or police reports may raise questions about the accusation.
Reviewing the facts early, ideally with an attorney, can uncover evidence that supports the defense and provide a clearer picture of what happened.

Building a stronger self-defense case

Georgia self-defense cases often depend on key facts, such as who started the conflict, what force was used, and when it was used. A strong defense starts with a clear view of how these facts fit the law. Early evidence and advice from an experienced attorney can help build a strong case and challenge weak claims.]]> On Behalf of Law Office of T. Rabb Wilkerson, III, P.C. <![CDATA[Can you drive while waiting for your DUI case?]]> https://www.rabbwilkersonlaw.com/?p=49422 2026-07-27T18:25:22Z 2026-07-27T18:25:22Z Critical deadlines for your driver’s license A DUI arrest in Georgia triggers two separate legal issues: a criminal court case and an administrative license suspension (ALS). Understanding how these paths intersect is key to protecting your driving privileges.
  • Temporary permit: Upon arrest, law enforcement typically confiscates your physical driver’s license and provides a yellow document. The document known as DDS Form 1205 serves as your official temporary driver’s permit. You can drive using this document for 45 days following the arrest.
  • 30-day window period: Despite the 45-day limit, you only have 30 calendar days from your arrest date to request administrative review or pursue another available option before an automatic suspension might take effect.
To stay on the road past the initial 45-day permit while your criminal case moves forward, you have two options: file a formal request for an administrative hearing to pause the suspension, or if you qualify, install an ignition interlock device on your vehicle to keep driving for essential daily activities.

Protecting your license

Choosing between an appeal or an interlock permit could directly impact your license and legal strategy. Therefore, if you are facing a similar challenge, discussing your specific circumstance with an experienced DUI attorney could help you understand more about your legal standing and choose the best path moving forward.]]> On Behalf of Law Office of T. Rabb Wilkerson, III, P.C. <![CDATA[Avoiding courtroom: How does an uncontested divorce work?]]> https://www.rabbwilkersonlaw.com/?p=49421 2026-07-24T18:48:40Z 2026-07-24T18:48:40Z Requirements and benefits of uncontested divorce To get an out-of-court divorce, the split should be uncontested. This means both spouses completely agree on all major factors, including property division, debt, alimony, parenting plan and child support. If you are pursuing an uncontested divorce in Georgia, these are some of the key parameters you should keep in mind:
  • No court appearance needed: In most uncontested cases, an attorney handles the filings without either spouse appearing in court.
  • Residency requirement: At least one spouse must be a resident of Georgia for a minimum of six months before filing.
  • Mandatory waiting period: The state law requires a minimum 30-day waiting period after your spouse is served or acknowledges the filing, meaning the earliest a judge can finalize the divorce is 31 days after service.
  • Lower cost: An uncontested divorce is cheaper than litigation, generally costing between $500 and $3,000.
While skipping the courtroom is common, the judge might still order a brief hearing for self-represented individuals to ensure financial affidavits and child support calculations are accurate. Certain counties require formal appearances for cases involving minor children to verify that the proposed parenting plan serves the child’s best interests.

Moving toward a smooth divorce

Getting divorced without a contested court hearing can save time, money and emotional stress. However, ensuring your legal documents are properly drafted and filed in accordance with Georgia’s law and court rules is critical. An experienced Georgia family law attorney could help ensure your agreements are legally sound to obtain a smooth divorce.]]> On Behalf of Law Office of T. Rabb Wilkerson, III, P.C. <![CDATA[How to handle special dates in child custody agreements]]> https://www.rabbwilkersonlaw.com/?p=49417 2026-07-21T23:58:32Z 2026-07-21T23:58:32Z Some days of the year carry more significance than others for any particular family. Divorcing when you share minor children requires you to give special thought to such dates on the calendar, as treating them like any other day of the year can often lead to friction and disappointment for parents, children and their wider families. Examples of these dates include Thanksgiving, Christmas and birthdays.

Put the child first

The key to a successful arrangement is to make decisions in the child’s best interests. If your child would like to see both you and their other parent on Christmas, then try to make it work. Ways to do this include splitting the day, so perhaps the child opens their presents with you in the morning, then spends time with their other parent in the evening. If the relationship is still amicable enough, sharing time with both parents present can sometimes be possible. For instance, if you are throwing a birthday party for your child, have their other parent come along for a bit, provided you can both put your differences aside to avoid it becoming a day to remember for the wrong reasons. If your child wants to take their granny the present they made on her birthday, see if you can make it happen, even if that means allowing your coparent to take the child when they are meant to be with you.

Rotation can also work well

Some divorcing families opt to rotate custody on special days. So this year, the kids spend Thanksgiving with you, and next year with your coparent and their side of the family.  Things that can affect your choices include the distance between where you both will live and the relationship between you. Learning more about how best to document these and other important considerations in your custody and parenting plan can improve the chances that the plan functions well going forward.]]> On Behalf of Law Office of T. Rabb Wilkerson, III, P.C. <![CDATA[Approach divorce podcasts with caution]]> https://www.rabbwilkersonlaw.com/?p=49413 2026-07-19T16:24:49Z 2026-07-19T16:24:49Z Divorce podcasts have become increasingly popular in recent years, offering listeners everything from emotional support and co-parenting advice to financial guidance and legal commentary.  For many people facing separation or divorce, these programs can provide reassurance that others have faced similar challenges and successfully moved forward. However, while divorce podcasts can serve as valuable resources, they should be approached with a cautious ear. 

Taking podcast guidance with a grain of salt

One of the biggest benefits of podcasts is accessibility. They allow listeners to hear perspectives from attorneys, therapists, financial professionals and individuals who have experienced divorce firsthand. Topics often include communication strategies, parenting concerns, asset division and coping with major life transitions. The problem is that not all advice applies equally to every situation. Divorce laws vary significantly from state to state, and legal guidance that is accurate in one jurisdiction may be completely irrelevant in another. A podcast discussing community property rules, for example, may offer little value to someone living in an equitable distribution state. Listeners should also remember that podcast hosts do not know the unique facts of their case. Issues involving custody, support, property division and business ownership are often highly individualized. Guidance that works well for one guest or caller could create unintended problems for someone else. Additionally, some podcasts prioritize entertainment over accuracy. Divorce is emotional, and sensational stories or aggressive strategies may attract listeners even when those approaches are unlikely to produce positive outcomes in real life. Consuming too much one-sided content can also increase anxiety or reinforce unrealistic expectations. That does not mean divorce podcasts should be avoided entirely. They can be excellent sources of practical ideas, emotional encouragement and thoughtful questions to raise with a skilled legal team. The key is treating them as educational tools rather than substitutes for professional support. ]]> On Behalf of Law Office of T. Rabb Wilkerson, III, P.C. <![CDATA[Is drug residue on paraphernalia enough to warrant charges?]]> https://www.rabbwilkersonlaw.com/?p=49408 2026-07-03T12:13:47Z 2026-07-03T12:13:47Z There is no minimum possession amount Contrary to what may seem logical, the state does not have a set minimum weight for simple drug possession charges. Any detectable amount of a prohibited or controlled substance can be sufficient reason for an arrest and adequate evidence to pursue criminal charges. People do not need to have a significant amount of a mind-altering substance in their possession for police officers to arrest them or prosecutors to bring charges against them. The residue of cocaine, marijuana or methamphetamine found on consumption tools or even inside items used to store drugs can be enough to warrant possession charges. State authorities may also have the option of filing a paraphernalia charge against the person accused of possession based on the tools found on them during an encounter with law enforcement. They may then face additional penalties after a guilty plea or conviction. Working with an experienced drug crimes defense attorney is one of the best options for those accused of possession due to paraphernalia or the drug residue found on items in their possession. A lawyer can assist with evaluating the state's case and with responding to charges in criminal court.]]> On Behalf of Law Office of T. Rabb Wilkerson, III, P.C. <![CDATA[Georgia requires a waiting period when spouses file for divorce]]> https://www.rabbwilkersonlaw.com/?p=49407 2026-07-01T12:17:16Z 2026-07-01T12:17:16Z How long must spouses wait after filing divorce petitions? Estimating the duration of divorce proceedings can be difficult. The actual timeline for a divorce depends largely on the spouses. The more disagreements they need to resolve, the longer the divorce may take. When they file paperwork can also influence the process, as the volume of cases the courts have pending can affect the speed of the process. Spouses who are aware of the rules for divorce can time their filings more effectively. The cooling-off period in Georgia is 30 days. After a full 30 days have passed, the courts can move forward with the divorce proceedings. When spouses pursue an uncontested divorce based on terms set through mutual agreement, the divorce process may not require much more than a few months. In scenarios where litigation is necessary, divorce can take substantially longer to complete. Working with a family law attorney can help people understand the divorce process, including the likely timeline given their current circumstances. Those preparing for divorce may want to discuss their options and learn more about state statutes before they file any official paperwork accordingly.]]> On Behalf of Law Office of T. Rabb Wilkerson, III, P.C. <![CDATA[Avoid these 4 mistakes after being charged with DUI]]> https://www.rabbwilkersonlaw.com/?p=49405 2026-06-22T13:42:29Z 2026-06-23T13:36:24Z A DUI charge can be intimidating. You’re worried about your driver’s license, your job, your reputation and your future. The decisions you make immediately after your arrest can affect the outcome of your case. Therefore, here are some common mistakes you need to avoid:

1. Waiting too long to take action

As soon as you’re arrested, the clock begins ticking. In addition to your criminal case, you may also face administrative action against your driver’s license through the Georgia Department of Driver Services (DDS). There are important deadlines that can affect your ability to challenge a license suspension or explore options for maintaining your driving privilege. While you may be feeling overwhelmed in the moment, you need to act quickly in determining your next steps.

2. Talking about your case on social media

You may be eager to share your side of the story online, but anything you post could be used against you in court. Photos, comments and even private messages may become evidence in your case. Avoid discussing the incident online, and ask your friends and family not to post anything about it.

3. Assuming a DUI charge can’t be challenged

Many people assume that a charge automatically leads to a conviction. That is not always true. DUI cases often involve complex issues related to traffic stops, field sobriety tests, breathalyzers, blood testing procedures and the actions of law enforcement. Errors at any point in the process can affect the prosecution’s case.

4. Representing yourself in court

Prosecutors handle DUI cases regularly and are well-prepared. If you’re charged with DUI, you need a legal representative who can help you understand your rights, explain the potential consequences, negotiate with prosecutors and advocate for the best possible outcome.  ]]> On Behalf of Law Office of T. Rabb Wilkerson, III, P.C. <![CDATA[How to tell your children their parents are divorcing]]> https://www.rabbwilkersonlaw.com/?p=49404 2026-06-22T13:39:05Z 2026-06-22T13:39:05Z There are few conversations more difficult for parents than telling their children they are divorcing. There is no perfect way to share this news, and how you handle the discussion can impact your children’s emotional well-being. By approaching this conversation with honesty, compassion and a clear plan, you can help your children feel loved and supported during this major life event.

Begin with a clear plan

If possible, both parents should tell their children about the divorce together. By presenting a united front, you are showing them that, even though the marriage is ending, the two of you remain committed to them. Before the conversation, you and your co-parent should agree on what to say and be prepared for questions. Consider discussing:
  • When will the separation happen
  • Where each parent will live
  • Whether the children will need to move or change schools
  • How parenting time will be shared
Working together and creating a thoughtful parenting plan can help reduce uncertainty for everyone involved. Select a quiet, familiar setting where the children will feel safe and comfortable. Avoid having this conversation right before bedtime, school, holidays or major events. You will want to allow plenty of time for your children to ask questions and express their feelings. They may not respond right away. Some children need time to process the information before discussing it further. It’s essential to reassure your children that the divorce is not their fault. Tell them clearly that the divorce is an adult decision and that nothing they did caused it. Continue to remind your children of your love and support. Children often feel more secure when their routine remains consistent. Try to maintain regular schedules for school, extracurricular activities, meals and bedtimes. If changes are unavoidable, communicate that to them clearly and in advance. If you are considering divorce and are concerned about child custody and parenting plans, speaking with a legal representative can help you understand your options and protect your rights.  ]]> On Behalf of Law Office of T. Rabb Wilkerson, III, P.C. <![CDATA[How to avoid a conviction after drunk driving charges]]> https://www.rabbwilkersonlaw.com/?p=49402 2026-06-12T07:44:26Z 2026-06-13T07:43:30Z A drunk driving charge has a lot of uncertainties about your license, record, job and future. While the situation is serious, a charge is not the same as a conviction. The strength of the case depends on evidence, procedure and how early you involve legal support. You do not have to understand every rule. With the right legal guidance, you can look at what happened, protect your rights and avoid choices that may make the case harder to defend. 

Building a defense, not guessing alone

One of the most important steps is having your legal team review the details behind the arrest. Drunk driving cases involve traffic stops, field tests, breath tests, blood tests, reports and officer observations. Each part should be checked carefully. You or your legal team can check if law enforcement had a valid reason to stop your vehicle. They can also look at whether testing was done correctly, whether equipment was properly maintained and whether your rights were respected during questioning or arrest. Helpful records may also need to be gathered before they disappear. This may include:
  • Body camera footage
  • Witness statements
  • Medical records 
  • Receipts, phone records or ride-share details
  • Breath or blood test records
These details help your legal team understand whether the charge can be challenged, reduced or handled through another possible resolution. In some cases, weak evidence or errors in procedure may affect how the case moves forward. Legal support can also help you avoid common mistakes, such as missing court dates, making public comments or accepting an outcome before understanding your options. Drunk driving charges are too important to handle without steady guidance. Involving an experienced legal practitioner early can give you a clearer path, protect your record and help you work toward the best result possible.]]>