Ashley Miles, P.C.Darien Criminal Attorney | Estate Planning & Probate Southeast Georgia2026-04-08T12:33:13Zhttps://www.ashleybrowninglaw.com/feed/atom/WordPress/wp-content/uploads/sites/1401485/2020/12/cropped-Ashley-Miles-site-icon-32x32.jpgOn Behalf of Ashley Miles, P.C.<![CDATA[Can police use social media to charge you with DUI?]]>https://www.ashleybrowninglaw.com/?p=475482026-04-03T12:33:55Z2026-04-08T12:33:13ZA post can trigger an investigation
A video, photo or even a comment can raise questions if it suggests you were drinking and driving. Once something draws attention, it can give law enforcement a reason to take a closer look and start piecing together details.
That post can help them identify you as the driver, place you at a specific location and narrow down the timeline. From there, the focus shifts away from what you said online to what they can confirm through actual evidence.
A post does not prove DUI on its own
Georgia law still requires proof that you were driving or in actual physical control of a vehicle while under the influence to the point that it made you less safe to drive.
A social media post rarely proves that by itself. People exaggerate, joke or post out of context all the time, so a single clip or caption does not meet that legal standard.
Real-world evidence still carries the case
Once a post raises suspicion, officers still need evidence that holds up outside of social media. That may include a traffic stop, witness statements, surveillance footage or chemical test results. In Georgia, DUI cases often hinge on what officers observe and document, not just what appears online. In other words, your post may open the door, but it does not close the case.
What to do if your post starts raising concerns
If you are reading this because something you posted is starting to feel like a problem, you are not the only one who has been there. A single post does not decide your case, but what happens next can still shape how things unfold. Speaking with a DUI defense attorney early can help you understand your situation and what you can do next.]]>On Behalf of Ashley Miles, P.C.<![CDATA[3 ways a trust can protect assets]]>https://www.ashleybrowninglaw.com/?p=475422026-01-05T10:14:13Z2026-01-08T11:19:55Z1. Limiting creditor claims
Estate resources are potentially at risk of creditor claims during estate administration. Those same assets could also be vulnerable when people retire, as creditors or plaintiffs filing lawsuits could seek the liquidation of resources for their reimbursement. Assets transferred to a trust belong to the trust, not the person establishing the trust. They therefore have protection from creditor claims in many cases.
2. Reducing estate tax risks
The personal representative managing estate administration files tax returns and pays tax obligations using estate resources. In cases where the estate is worth millions of dollars, it could be subject to federal estate taxes. There is no state estate tax, but the federal estate tax applies to any estate over the exemption threshold. For estates that begin the probate process in 2026, the exemption threshold is $15 million. Transferring property to a trust reduces the value of an estate and therefore the likelihood of a federal tax that could consume between 18% and 40% of the estate’s resources.
3. Avoiding the misuse of an inheritance
Those earmarking resources for friends and family typically expect an inheritance to have a profound positive impact. Unfortunately, those who receive large windfalls often make poor decisions about their inheritances. Beneficiaries may squander what they receive by spending it frivolously. They may liquidate assets that could provide them with long-term benefits for short-term profit. Trusts help preserve those resources by structuring the distribution of assets.
A well-funded trust with appropriate restrictions in place can provide a lifetime of support for beneficiaries. Especially in cases where beneficiaries have substance abuse disorders, a history of poor money management or a marriage that could end in divorce, limiting direct access to an inheritance can be a smart way to preserve resources.
Adding a trust to an estate plan can offer a variety of other benefits as well. Those concerned about preserving their resources may want to sit down with a legal professional to discuss their options, including the addition of a trust to a basic estate plan.]]>On Behalf of Ashley Miles, P.C.<![CDATA[4 considerations when choosing the right guardian for your child]]>https://www.ashleybrowninglaw.com/?p=475392025-10-03T08:17:18Z2025-10-08T08:16:40ZEvaluate the values you want your child to have
Your chosen guardian can influence the growth of your child through their lifestyle, values and beliefs. That is why appointing a guardian who shares your principles is crucial.
Ask yourself what values you would like your child to have. Consider other factors that could affect their behavior, ability to maintain relationships and life purpose. Then, think about who in your family or close friends possesses the same values.
Look to family members or close friends
When selecting a guardian, it is natural to consider family members, such as your siblings, grandparents, aunts and uncles. They are often the people most familiar with your child’s best interests. However, you can also choose your close friends as your child’s guardian, provided that they meet the legal qualifications.
Consider the financial state of the potential guardian
Thinking about a future without your child can bring sadness and anxiety. However, you may find peace knowing that your child is in the good hands of your chosen guardian. The individual you nominate must be financially stable. As the guardian, they should have the appropriate means to fund your child’s education and provide for their needs.
Discuss the guardianship
Discuss the matter with the chosen individual before naming them in your will. This necessary step informs them of their potential responsibilities and any other issues they should know. Once they agree on the role of guardian, you may proceed with legal finalization.
Making preparations for guardianship ensures the well-being of your child. Consider starting the scouting process and discussing your expectations with your prospects as early as now. If you encounter difficulties in choosing a guardian, consider seeking advice from an estate planning attorney to gain clarity.]]>On Behalf of Ashley Miles, P.C.<![CDATA[Potential professional consequences of a DUI for drivers with CDLs]]>https://www.ashleybrowninglaw.com/?p=475362025-07-23T04:44:47Z2025-07-28T04:44:19ZCommercial drivers are subject to strict rules
Most people are at risk of DUI offenses when they drive poorly or have an illegally high blood alcohol concentration (BAC). Adults who are old enough to drink legally are at risk of DUI charges if they have a BAC of 0.08% in most cases.
Professionals operating commercial vehicles, including semi-trucks and buses, are subject to a stricter standard. They could face DUI charges if BAC test results reach 0.04% or higher when they are in control of a commercial vehicle.
People who do not feel any degree of impairment could be at risk of prosecution based solely on chemical test results. Additionally, commercial drivers do not need to be on the job for a DUI offense to endanger their driving privileges. While standard rules apply if a professional gets arrested in their own vehicle, their professional licensing could be at risk.
DUIs affect CDL eligibility
Obviously, impairment at the wheel is risky. When the vehicle in question is a large commercial vehicle that requires more skill to operate safely, the risk to the public is higher. As such, state and federal authorities have a zero-tolerance approach to DUI convictions.
Even a first DUI conviction that occurs on personal time can cost a professional their CDL eligibility for a full year. Repeat convictions can potentially lead to permanent ineligibility. That penalty is in addition to any personal driver’s license consequences imposed by the courts.
Professionals who drive for a living have much more to lose when accused of drunk driving than the average motorist. Fighting back against pending DUI charges can help professionals continue their careers by avoiding penalties that affect their driving privileges and commercial licensing.]]>On Behalf of Ashley Miles, P.C.<![CDATA[How can defense attorneys counter the state’s evidence?]]>https://www.ashleybrowninglaw.com/?p=475332025-04-04T03:59:43Z2025-04-09T08:52:16ZExcluding ill-gotten evidence
The Fourth Amendment protects people from unreasonable searches and seizures. If police officers conducted an illegal traffic stop or an inappropriate search, a lawyer can ask the court to set aside the evidence that they obtained by violating the defendant's rights. The same is true in scenarios where a Miranda rights violation occurred while an individual was in state custody. The courts may have to set aside a confession and any other statements made to a police officer if the Miranda warning was not provided to the defendant prior to their questioning.
Challenging the state’s practices
Maybe police officers made mistakes when cataloging evidence. Maybe a forensic specialist didn't keep appropriate chain of custody records. There could be issues with how the laboratory handled or tested samples. The state might even try building a case on science that has been debunked, such as 911-call analysis. Lawyers often bring in expert witnesses to help show that the state did something inappropriate or unscientific while gathering, storing or analyzing evidence.
Developing an alternate explanation
In some cases, the evidence that the state gathers does not conclusively point to one person. Instead, it might be possible for the defense team to reinterpret the evidence and provide an alternate timeline of events. Particularly when there is reason to suspect a specific other party based on the evidence or when the evidence raises questions about whether the defendant could have played a role at all, reanalyzing the evidence and changing the narrative attached to it could be a viable criminal defense strategy.
Those hoping to fight pending criminal charges often need help planning the best defense strategy. Reviewing the state's evidence with a skilled legal is often key to the development of a workable criminal defense strategy.]]>On Behalf of Ashley Miles, P.C.<![CDATA[Revisiting your estate plan as each new year dawns]]>https://www.ashleybrowninglaw.com/?p=475292025-01-08T04:14:08Z2025-01-14T04:13:39ZThe start of a new year is a time for both beginnings and setting goals for the future. To that end, it’s also the perfect opportunity to revisit your estate plan to better ensure it reflects your current circumstances, priorities and wishes. Life is dynamic, and significant changes in your personal, financial or legal circumstances can impact the effectiveness of your estate plan. Taking the time to review it annually can help you prevent potentially costly oversights and facilitate a well-founded peace of mind.An estate plan is not a “set-it-and-forget-it” document. Circumstances change over time, and an outdated plan may no longer align with your goals or protect your loved ones as intended. Regular reviews can help you to:
Reflect Life Changes: Marriage, divorce, the birth of a child or the death of a loved one are just a few events that may necessitate updates to your estate plan.
Adapt to Financial Shifts: A significant increase or decrease in wealth, acquiring new assets or starting a business requires revisiting your plan to ensure proper distribution.
Account for Legal Updates: Tax laws and estate planning regulations evolve. An annual review can help to better ensure that your plan complies with the latest legal requirements and allow you to maximize tax savings.
While revisiting your estate plan may not be the most exciting way to start the new year, it is a task that will hopefully allow you to benefit from greater peace of mind as the year progresses and your life circumstances evolve.
Key issues of concern
As you revisit your estate plan, a few concerns should top your priority list:
Your Will and Trusts: Work to ensure that your will accurately reflects your wishes, including any new beneficiaries or changes in asset distribution. If you’ve established trusts, verify that they are properly funded and serving their intended purpose.
Beneficiary Designations: Retirement accounts, life insurance policies and other payable-on-death accounts often bypass the terms of wills. Confirm that the beneficiaries listed on these accounts align with your current intentions.
Power of Attorney and Health Directives: Review who you’ve designated to make financial or medical decisions on your behalf. Confirm that these individuals are still the best choices based on your current relationships and their ability to act in your best interests.
Guardianship Provisions: If you have minor children, revisit your chosen guardians. Life changes, such as relocation or shifts in personal relationships, may influence your decision.
Tax Strategies: Annual reviews allow you to incorporate any new tax-saving opportunities, such as gifting strategies or adjustments to your trust structure, to minimize estate or income tax burdens.
Estate planning is complex, and the laws surrounding it are intricate and ever-changing. If you have questions or concerns as you conduct your review, don’t hesitate to seek personalized legal guidance and support. ]]>On Behalf of Ashley Miles, P.C.<![CDATA[Does the state ever drop or withdraw pending charges?]]>https://www.ashleybrowninglaw.com/?p=475222024-10-01T07:28:45Z2024-10-04T07:28:27ZWhen the courts exclude key evidence
The right of discovery ensures that a criminal defense team has access to the evidence the prosecution intends to use. They can then take steps to counter individual pieces of evidence. In some cases, it may be possible to exclude crucial evidence from a criminal trial by proving that the police violated someone's right or broke the law in the process of obtaining that evidence. Depending of the situation, the elimination of certain evidence can sometimes make it impossible for the state to move forward with criminal charges.
When new evidence arises
Sometimes, the state mistakenly identifies one person as responsible for a crime. However, authoritative evidence could come to light before the case goes to trial. In scenarios where the state uncovers exculpatory evidence that shows a defendant was not involved in criminal activity or in scenarios where there's clear evidence pointing to a different party as the person responsible for the incident, the state may drop the charges against the defendant.
There are numerous strategies that people can utilize to successfully counter pending criminal charges. Learning about the law and the criminal process can help people strategize when responding to criminal charges.]]>On Behalf of Ashley Miles, P.C.<![CDATA[What are the basic requirements of a Georgia will?]]>https://www.ashleybrowninglaw.com/?p=475202024-07-10T05:00:43Z2024-07-15T05:00:17ZThere are several requirements established in state law
A valid will is a typically written legal document. Videos and recordings typically cannot serve as testamentary instruments in Georgia. Many people work with a lawyer to draft a will that conforms to the unique statutes established in state law.
For example, there are certain rules regarding the inheritance rights of family members. Someone can leave very unequal inheritances for their children, but they cannot necessarily disinherit a spouse. Additionally, attorneys can help ensure that the language included in a will actually assets someone in achieving their testamentary goals. Clarity and precision are of the utmost importance when leaving instructions for what should happen after someone dies.
The testator typically needs to sign the will. They also need to have two witnesses either see them sign the documents or hear them declare that they drafted and signed the documents. The best witnesses are legal adults who do not have any personal interest in the estate. Georgia law does not require the notarization of a will for it to have authority.
The person drafting the will typically needs to be a legal adult. They also need to have testamentary capacity. That is a technical way of saying they need to be cognizant of what property they own, what beneficiaries they include and the impact their documents may have on those people and resources.
Those with children, people with high-value resources and individuals with special legacy intentions may want to draft a will if they do not already have one in place. People may also need to occasionally review and update their documents as their personal circumstances change.
Learning about what Georgia requires during the estate planning process can help people take necessary steps for their protection and the benefit of their loved ones. The decision to draft a will can potentially offer peace of mind and protection from financial and legal uncertainty.]]>On Behalf of Ashley Miles, P.C.<![CDATA[3 types of evidence that can potentially support DUI charges]]>https://www.ashleybrowninglaw.com/?p=475182024-04-15T06:46:37Z2024-04-18T06:46:11ZA driver's conduct in traffic
Frequently, DUI investigations begin even before a traffic stop occurs. Officers notice someone sporadically braking without reason or swerving across the road. They likely capture footage of that on their dashboard camera. That conduct or statements from people involved in a crash with a potentially impaired driver can be key proof that they didn't operate a vehicle like people typically do.
Field sobriety tests
When someone's behavior at the wheel or their answers to questions during a traffic stop raise more questions instead of resolving them, officers may ask someone to exit their vehicle. Having drivers conduct field sobriety tests allows an officer to gather evidence that supports their claim of chemical impairment. Video footage and testimony about someone's performance on those tests can play an important role in criminal proceedings.
Chemical test results
Once police officers have probable cause to believe that someone is under the influence, they can ask to perform a chemical test. Breath testing can establish a likely blood alcohol concentration (BAC) for the driver who provides the sample. A chemical test result that is over the legal limit only helps strengthen the state's case.
Thankfully, drivers accused of DUI offenses have the right to assert themselves in court. They can push back on the legality of a traffic stop or provide a medical explanation for why they failed a test. There are many different ways for defense attorneys representing those accused of DUI offenses to undermine the state's evidence.]]>On Behalf of Ashley Miles, P.C.<![CDATA[Addressing real property when estate planning]]>https://www.ashleybrowninglaw.com/?p=475162024-01-19T10:16:33Z2024-01-24T10:16:14ZNaming a beneficiary in a will
Wills are the most common testamentary instruments used for estate planning purposes. People can identify property that they own and choose specific beneficiaries to inherit those resources in a will. A will can potentially facilitate the transfer of ownership to a specific beneficiary after someone dies.
Recording a new deed
People do not need to wait until after they die to grant an ownership interest to their chosen beneficiary. They can potentially record a deed while they are still alive that can allow for the smooth transfer of ownership after their passing. The type of deed depends on someone's plans and circumstances. For example, someone arranging to transfer the home where they live with another person could sign a deed to take title as a joint tenant with rights of survivorship. The person living with them included on that deed can inherit their interest in the property after their death without it needing to pass through probate court.
Transferring ownership to a trust
People worried about Medicaid estate recovery efforts or creditor lawsuits may not want to directly hold the title to their home anymore as they age. They may also have unique plans for the property that require more oversight than a will can provide. Creating a trust and transferring ownership interest for the property to that trust may offer a variety of benefits. It can allow for someone to maintain tenancy at the property without getting control over it. It can protect the property from creditor claims. It can even keep the transfer of title out of probate court in many cases.
Thinking about one’s personal resources and long-term legacy goals may help people properly address assets like real estate in their Georgia estate plans as effectively as possible.]]>