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Cumming Legal Issues Blog

Georgia man facing DUI and other charges

Police in Georgia recently arrested a man who they say was operating his vehicle recklessly and while under the influence of alcohol. This gentleman is now facing DUI and other charges. The potential consequences in this case can be pretty significant.

According to a recent news report, police pulled over a man who they say was driving at speeds over 100 mph on Ga. 400 on Sunday, June 1. Upon investigating the matter, the suspect was asked to submit to a Breathalyzer test. His readout allegedly came back at twice the legal limit. Authorities claim the accused admitted to having one drink before getting behind the wheel.

Facing MDMA-related drug charges?

The state of Georgia does not treat MDMA-related drug crimes lightly. If you find yourself facing drug charges for possessing, distributing or trafficking ecstasy, the potential consequences can be quite severe. What can you do if you find yourself in trouble with the law over MDMA?

Fighting drug charges of any kind is not necessarily easy, but it does not mean that your case is hopeless. There may be defense options open to you that will help you fight for a case dismissal or at least seek to minimize the consequences associated with a conviction. A few defense options may include denial, entrapment and illegal search and seizure -- to name a few. 

Brad Pitt makes a case for child custody modification

Figuring out who should maintain custody of children when going through the divorce process is rarely if ever easy to do. Parents often struggle to agree on what type of child custody arrangement will best serve their family in the long run. Sometimes, initial plans turn out to do more harm than good. When this happens, parents in Georgia and elsewhere may have the ability to seek order modifications to correct the issue.

A good example of a custody plan not working out is the arrangement between Angelina Jolie and Brad Pitt. The couple shares six children. They were together for more than a decade but married for only two years when Ms. Jolie decided to call it quits. For almost two years now, the couple has been fighting things out in court.

Is a neighbor dispute worth pursuing?

Not all neighbors get along well. If you are lucky, you love yours or at least can tolerate them. However, there are many unlucky folks who must deal with problematic neighbors in many shapes and forms.

For example, maybe you have children, and your neighbors have a pool in the backyard. It is fenced but the gate lock is always broken. You have even caught your children trying to sneak into their pool and offered to pay for new locks. The neighbors just keep saying they will do it, and nothing changes. In other disputes, they might claim that part of your land is actually their property or vice versa. Perhaps their children keep coming into your yard and tearing it up despite your "No Trespassing" signs and fences. Maybe your neighbors constantly play music too loud and walk around intoxicated. In sum, there can be many reasons that neighbors do not get along. Some of these issues could be criminal matters, others civil or both. How do you know when an issue is worth pursuing?

Georgia business litigation: 3 problems partners often face

Going into business can be a good thing. Going into the business with a partner to share the load can be a great thing. The only problem with sharing a company with a partner is that, sometimes, partners do not always agree on things. This week's column will address three common disputes that plague company partners -- whether their businesses are located in Georgia or elsewhere -- and discuss if business litigation is the right way to resolve these problems.

Problem number one is: the money dispute. What is it about money that makes people go mad? In many business partnerships, it is not uncommon for partners to have different ideas about how company funds should be used. It is also not uncommon for one partner to blame the other for embezzling. Many money issues can be avoided by setting up clear rules for fund use from the get-go.

What is felony domestic violence?

The state of Georgia has laws that protect its residents from domestic violence. Those accused of committing acts of family violence could find themselves facing a number of serious consequences -- particularly if felony domestic violence charges are ultimately filed against them. This may leave some individuals to wonder what constitutes a felony domestic violence charge?

Domestic violence comes in many forms. It may be physical, emotional or sexual in nature. It is not something that occurs just between spouses. In Georgia, acts of violence committed toward any family member or significant other may be considered domestic violence.

No DUI case without reasonable suspicion

Driving under the influence is a crime that the state of Georgia does not treat lightly. Numerous people suffer injuries or worse in accidents with drunk drivers. As such, police are constantly on the lookout for potential DUI suspects.

Here is the thing with DUI cases: there is no case if the arresting officer lacked reasonable suspicion from the get-go. Wondering what that means? Reasonable suspicion simply means that an officer has to have reason to believe a person is committing a crime in order to detain that individual and start an investigation. In DUI cases, this means that, before an officer can initiate a traffic stop, he or she has to witness something that suggests a driver is operating his or her vehicle while impaired.

Contract disputes a fairly common construction law problem

A lot goes into a construction project. Buying land, planning, subcontracting, financing and dealing with zoning issues can all take time and may not goes as smoothly as you'd like. At any stage of a construction project, contract disputes may happen. When they do, a Georgia-based construction law attorney may be your best ally.

It doesn't matter what part of the construction project you are responsible for, if you find yourself at odds with someone else involved in the project over something in your contract or if your contract is not being honored, you have the right to take action. This does not mean you have to jump to litigation. It just means there are things you may be able to do to resolve the dispute.

A DIY will may not hold up in probate

It can be tempting to take on some really big projects by oneself rather than turning to professionals to get the job done. Sometimes, that approach is good and can save a person a lot of money. Unfortunately, the DIY craze should not extend to everything. For example, a DIY will may not hold up in a Georgia probate court, which will only end up hurting one's beneficiaries in the end.

There are various services online that allow people to write their own wills and fill out generic estate planning documents. They are relatively cheap and may grant some protections. The problem with these online forms is that they are generic. They make estate planning seem like a one-size-fits-all thing. It's not.

Can child support cover college expenses?

Divorce -- it is hard on Georgia families and their finances. Just because that is so does not mean that certain financial goals are totally out of reach. For example, helping children pay for college may still be possible by extending child support obligations or requiring that a certain percentage of child support funds be placed in a 529 or other college savings account.

Following divorce, family needs to come first. Covering basic necessities is a must. Anything other than that are just extras. These extras may be covered, too, if the money is there and parents can agree on the terms.


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Miles Hansford & Tallant, LLC
202 Tribble Gap Road Suite 200
Cumming, GA 30040

Phone: 770-744-1111
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