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Cumming Legal Issues Blog

Felony charges possible against teen for possessing stolen gun

A random drug sweep at a Monroe County school resulted in the arrested of a 10th grader who allegedly had a stolen gun and bullets in his backpack. In Georgia, possession of a stolen firearm and possession of a firearm on school grounds may warrant felony-level charges despite the accused's young age. His case will first go to juvenile court and then a decision will be made as to whether he should be tried as an adult.

According to new reports, on Tuesday, Oct. 9, the sheriff's office conducted a drug search at Mary Persons High School. A total of 17 police dogs were utilized during the search. One dog pointed out a teenage boy's backpack to authorities. Upon searching the bag, police claim to have found an unloaded gun and bullets.

Georgia man facing felony assault charge

Police in Georgia were called to a hotel in the Cumming area to investigate an alleged assault. When they arrived, they found a victim with visible injuries to his neck and promptly arrested the man the victim identified as being responsible. This individual is now facing a felony assault charges, which can carry significant penalties.

According to a recent news report, this incident occurred Sept. 27 at the In Town Suites. A 38-year-old male is said to have grabbed the neck of a hotel clerk after the employee refused to unlock a room door that was not registered to the accused. When police arrived, the accused was reportedly aggressive toward the officers, causing one to suffer visible injuries. This individual is also said to have been involved in an assault at a nearby RaceTrac store earlier in the day. The accused was promptly arrested and transported to jail.

Men and women need to divorce-proof their businesses

Owning and operating a business, whether in Georgia or elsewhere, is a job like no other. Entrepreneurs put in time, sweat and maybe a few tears getting their companies off the ground and running successfully. A number of things can bring a business down. Many people do not consider their marriages to be one of them, but the truth is, divorce can do a number on a business.

In Georgia, one's business may be considered marital property. The best way to protect it from being divided in the divorce process is to protect it from the very beginning. Those who have started companies before getting married may want to consider having their fiancés sign prenuptial agreements that state the company will remain personal property in the event of divorce. Those who start businesses after getting married or who failed to consider prenuptial agreements may want to consider postnuptial agreements -- which essentially do everything prenups do.

Is your business partner breaching your trust?

When you started your business, it seemed as if the energy, enthusiasm and goodwill between you and your business partner would carry you far into success. In the initial stages of building a business together, you likely did not imagine that this person with whom you decided to build your livelihood could possibly betray you or commit any type of fraud against you.

Unfortunately, disputes among business partners are quite common and can lead to disastrous consequences for the business itself. If you suspect that your business partner is breaching your trust, you should not avoid your suspicions, but rather take decisive action to face the problem head-on.

A few reasons why having an estate plan is a good idea

Planning for the future is something most people do to some degree. Unfortunately, quite a few fail to plan for what will happen to their assets and loved ones if they were to become incapacitated or die. The simple truth is, many Georgia residents believe that they do not have enough assets to warrant having an estate plan, so they don't. This thinking only causes problems down the line.

There are a number of reasons why having an estate plan is a good idea, even if one thinks he or she lacks the assets to have one. Reason number one is: loss of time and money. When a person dies intestate, probate is unavoidable. This can cost loved ones a great deal in time and money just trying to administer one's estate.

Want a home-based business? Consider zoning

When going into business for oneself, home seems like a great place to start it. Having a home-based business can be a dream come true. It is impossible to beat the commute. Unfortunately, some budding entrepreneurs in Georgia may not realize that zoning laws do need to be taken into consideration when starting and running a company from their personal dwellings.

Before deciding to set up shop, the best thing one can do is find out current zoning laws for one's housing area. These records are fairly easy to access and there is no need to give a reason as to why one wants to see them. There should be a section about home-based businesses for one's locale.

Holidays are around the corner, is your custody plan ready?

It is hard to believe fall is here and the holidays are just around the corner. When you have children, this time of year just seems to fly by thanks to school, sports and various other activities. While it may seem like there is time to wait, now is the time to look ahead to holiday schedules in order to make sure your custody plan is up to snuff. If it is not, you may want to consider a modification to your plan, which can be achieved by filing a request in a Georgia court or working out a new agreement with your ex.

The simple truth is, child custody plans sometimes need adjusting. What you thought would work for the holidays may now not fit your family's needs. Life happens, changes become necessary and that is okay.

What to do before filing for divorce?

Georgia residents who are ready to end their marriages may be tempted to pull the trigger as soon as possible. While there is nothing wrong with wanting to get the divorce process over with as quickly as one humanly can, there is benefit to slowing down and making sure one is prepared for it and what is to come -- particularly on a financial level. This week, this column will address some things everyone should consider before filing for divorce.

First, think finances. Look at assets and debts, as both will be split between spouses. Look at available funds. Dividing one house into two is expensive. Does one have enough to cover basic expenses or at least have access to money or some form of credit?

Charged with DUI but I did not have anything to drink

You never expected this to happen to you. You never get behind the wheel of your car while under the influence of alcohol, yet here you are, trying to figure out how to fight a DUI charge in a Georgia criminal court, stemming from a high Breathalyzer readout. How can this be happening? What can you do about it?

If a Breathalyzer machine indicates you are intoxicated it must be true, right? Wrong. While many believe these machines to be foolproof, they are not. They are not always accurate -- despite what the makers of these machines and law enforcement officials say.

Probate necessary if a will is challenged

When people create their estate plans, they hope that no issues will arise so that their loved ones can quickly close out their estates when the time comes. Unfortunately, problems do often arise and probate cannot be avoided when they do. For instance, if a will is challenged, there is really no way to avoid probate court in Georgia -- the claims behind the challenges must be heard and investigated.

There are quite a few reasons to challenge a will's content. Whether one should do it is a personal decision. Some people are willing to let some things go while others want to make sure the issue is corrected. Some of the most common reasons for contesting a will are:

  • Questions over testamentary capacity
  • Concerns of undue influence
  • Lack of witnesses
  • Will provision legality concerns
  • Fraud concerns
  • Forgery concerns

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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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