Frequently Asked Questions
General Info
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The cost depends on the area of law.
Personal Injury: You don’t pay unless we win your case!
Criminal Defense: Fees vary depending on the severity of the charges, and we recommend scheduling a consultation to discuss further.
Trademarks: The cost starts at $2,500.
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For personal injury cases, it typically takes 6 to 18 months to finalize. Several factors, such as the length of medical treatment and the complexity of legal issues, can impact this timeline.
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Personal Injury: Key evidence includes medical records, photographs and videos, witness statements, police reports, and expert testimony.
Criminal Defense: Evidence will vary based on the charges, but generally may include witness statements, physical evidence, and police reports.
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Personal Injury
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The value of a personal injury claim depends on several factors, including medical expenses, lost wages, the specifics of your case, the defendant’s assets or insurance, and physical or emotional suffering. Since each case is unique, it’s difficult to estimate without a consultation. Keep in mind that personal injury claims have time limits under the statute of limitations, so it’s important to act quickly.
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Personal injury cases generally take 6 to 18 months to finalize. Factors such as the length of medical treatment and the complexity of legal issues can impact this timeline.
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The personal injury claim process involves several steps:
Documenting injuries and evidence: Take photos of the accident scene, gather medical records, witness statements, and police reports.
Filing an insurance claim: Notify your insurance company and file a claim, if applicable.
Negotiating a settlement: Engage in discussions with the at-fault party or their insurer.
Filing a lawsuit: If a settlement isn't reached, a lawsuit may be necessary, which includes drafting and serving a complaint.
Statute of limitations: In Georgia, you have two years to file a personal injury lawsuit.
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It’s unlikely, as most personal injury cases settle out of court. Only 3-5% of these cases go to trial. However, if your case does, Green Envy Law brings 10 years of trial experience.
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California: California follows a pure comparative negligence system. Even if you're mostly at fault, you may still recover some compensation, but your damages will be reduced by your percentage of fault.
Georgia: Under modified comparative fault, you can still recover damages if you're less than 50% at fault. Your recovery is reduced by your percentage of fault. If you are 50% or more at fault, you cannot recover damages.
Criminal Defense
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After an arrest, you have the right to remain silent, request a lawyer, see a judge within 48 to 72 hours, be protected from excessive force, and be informed of your Miranda rights. After booking, you'll be allowed to make a phone call, and you may be released on bail or by a judge.
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The decision depends on the strength of the prosecution's evidence, potential penalties, your criminal history, and public perception. A trial could clear your name if the evidence is weak, but it may also lead to harsher penalties. Consulting with an experienced attorney is essential.
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In Georgia, misdemeanors carry up to 12 months in jail, while felonies can result in more than a year of imprisonment. Specific penalties vary by crime. For example, aggravated assault can result in 1 to 20 years in prison, while robbery carries a minimum sentence of 5 years for victims aged 65 or older.
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Charges can be reduced or dismissed due to an illegal search or seizure, insufficient evidence, unavailable or unreliable witnesses, plea negotiations, speedy trial violations, or the expiration of the statute of limitations. A skilled attorney can file the appropriate motions to seek dismissal or reduction.
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Victims cannot directly drop charges; this is the prosecutor's decision. However, a victim’s input is often considered. Defendants should never pressure victims to drop charges, as it is a crime to intimidate a witness.
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Stay calm, gather evidence, make a list of witnesses, and contact a criminal defense attorney immediately. Avoid responding to questions until your attorney is present, as anything you say can be used against you. You may also seek compensation if the false accusation has caused harm.
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Yes, in some cases. Post-conviction remedies, such as appeals or writs of habeas corpus, can lead to charges being dismissed. Another option is deferred adjudication, where defendants plead guilty but sentencing is delayed. If the defendant completes counseling or treatment, they may be able to withdraw the plea and have the case dismissed.
Trademarks
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The best way to confirm availability is by conducting a comprehensive search with a licensed attorney. You can also do a preliminary search using the USPTO Trademark Electronic Search System (TESS) to check for existing or applied-for trademarks that are similar to yours. However, this is only a preliminary search. For serious trademark registration, it’s recommended to consult with an experienced trademark attorney.
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The trademark registration process includes the following steps:
Application: Submit your application through the Trademark Electronic Application System (TEAS). You'll need to provide details such as the owner's name, the name to be protected, the goods/services covered, the date of first use, a specimen, and the application fee.
Examination: The USPTO assigns an examining attorney to review the application.
Publication: The trademark is published for oppositions, giving others 30 days to file objections.
Response to oppositions: If an opposition is filed, you must respond within a set timeframe.
Decision: The Trademark Trial and Appeal Board (TTAB) issues a decision.
Registration: If no successful opposition is made, your trademark is registered.
Maintenance: Trademark registration must be maintained through periodic filings.
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It typically takes 15 months or more from filing until full registration. This timeline can be affected by factors such as office actions, oppositions, or the need for additional documentation.
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You have options, including sending a cease and desist letter and filing a lawsuit in court for trademark infringement and monetary damages.
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Trademark protection lasts for 10 years. You can renew your trademark every 10 years indefinitely, as long as you continue to use it to identify your products or services.