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Cumming Legal Issues Blog

Have questions about your DUI case?

If you have been charged with driving under the influence in Georgia, you likely have a lot of questions about your case and what this charge can mean for your future. It is easy to feel intimidated by the criminal court system whether this is your first offense or you've faced criminal charges in the past. This week's column will address some of the most common questions criminal defense attorneys hear from clients facing DUI charges.

Question number one is: It is my first offense, is it a big deal? While the penalties associated with a first offense can be a bit lighter than those associated in repeat offender cases, it does not mean that they can't do a number on your life. First-time offenders may have their licenses suspended, have to spend some time in jail and have to pay fines.

Georgia man facing felony burglary charges

Police in Georgia recently arrested a man who stole a can of soda. He is facing both felony and misdemeanor charges for the crime. It is unclear when this case will be heard in court.

According to a recent news report, the Cumming Police Department responded to a burglar alarm at the Beverage World Liquor store in the early morning hours of Monday, Aug. 13. When they arrived, they found a 61-year-old male exiting the building. He was unclothed, carrying a can of Coke and also a hammer in hand. He was promptly arrested and transported to the Forsyth County Jail.

Georgia probate law: The ins and outs of guardianships

There are several reasons guardianships may need to be sought or designated by Georgia residents. For some, it may be they need it to help take care of an ailing parent or other family members. For others, it may be that they want to make sure their minor children are taken care of. Whatever the reason, Georgia probate law is very clear on what it takes to name or become the guardian of another person.

Achieving guardianship of an adult is not an easy task. The court will only allow it if one can prove that the individual needing care is incapacitated either physically or mentally. A guardianship will not be granted if the individual is capable of making informed decisions for himself or herself. The guardianship will not be granted if the person seeking it is not thought suitable for the role.

On disability and have to pay child support: how does that work?

For various reasons, many Georgia residents receive disability benefits. This is income offered through a federal benefit for individuals who are not able to work. It may not be a lot, but it is generally enough to cover one's expenses. One's benefit may fall short if a child support order is in the picture.

If one has a child support order based on income received from employment but is placed on disability, that child support order is still considered active. Going on disability does not change that. Those who stop making payments may find their disability income garnished.

Protect yourself from business litigation over noncompetes

Many business owners in Georgia utilize non-compete agreements to protect their companies. If they do not obtain these contracts from a reputable source, they may find themselves paying for it in the long run. Business litigation over non-competes happens. This can do a lot of damage to a company's bottom line.

A non-compete agreement is a contract between an employee and his or her employer that states that the employee will not be able to use company information to enter into direct competition with the business if he or she leaves. Company owners depend on these agreements to help protect trade secrets and keep competition to a minimum. These contracts are legally binding if they are written the right way.

What to do with your family business during divorce

Running a business with your spouse can be difficult even if your marriage is going well. It is even worse when you are on the verge of divorce. Not only are you breaking up your marital union, but you must figure out how to deal with the business.

You may have concerns about your company failing due to your divorce. However, that does not need to happen. It is possible for your business to survive and even thrive after you and your partner part ways. Here are some methods for dealing with the family business during a divorce.

Does anyone walk away from divorce a winner?

Ending a marriage is a difficult thing to go through. A recently published article suggests that when it comes to divorce, nobody wins. Most people are really not happy with their final settlements. In Georgia and elsewhere, is it true that nobody walks away from divorce a winner?

Truthfully, when it comes to divorce, people should eliminate the terms winner and loser. It should not be about winning. It should just be about walking away from the divorce with a settlement that is fair. Anyone who can do that has done alright.

Criminal cases involving drug charges slow to get to court

Anyone who is facing criminal charges just wants their day in court so they can move on with their lives. Unfortunately, Georgia residents facing drug charges are finding that they have to wait much longer than they expected to fight their cases. This is because the state crime lab is behind on testing.

According to a recent report, the Georgia Bureau of Investigation's crime lab does not have enough qualified staff to keep up with the workload it receives. Currently, it takes anywhere from seven months to a year before drug test results are returned from the lab. In truth, this causes more problems for prosecuting attorneys than anyone, but it certainly does not help those accused of drug crimes move forward.

Stevie J in trouble for not paying child support or taxes

Many Georgia residents have heard of Stevie J. He is the star of the reality show Love and Hip Hop: Atlanta. His work has made him a lot of money over the years. Unfortunately, he did not see the need to use any of it to care for his child or pay his taxes. He is now on the hook for unpaid child support and back taxes.

According to reports, Stevie J was already sent to jail for being behind on child support. He is said to owe over $1 million in support. It is unclear if he has made any efforts to pay this debt.

Georgia man may face felony DUI charges after fatal car wreck

A Georgia man is being investigated for possibly driving his vehicle while under the influence and causing a wreck that killed a man and injured a woman. This car crash occurred in the Forsyth area on July 19. If impairment is confirmed with toxicology reports, a felony DUI charge may be filed in this case.

According to a local news report, a 26-year-old male was operating his vehicle in the westbound lanes of Canton Highway when, for reasons unknown, he crossed the center line and struck another car head-on. This young man and the driver of the impacted vehicle were both rushed to the hospital with serious injuries. A passenger in the impacted car -- an 87-year-old male -- suffered critical injuries. Sadly, he died the following day at North Fulton Hospital.


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

Phone: 770-744-1111
Fax: 770-781-9191
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