SERVICES
Types of Criminal Defense Cases We Handle in McDonough, GA
Are you Allegedly Guilty! Have you been arrested in the Mcdonough, GA area? Charged with a crime? Charged with a crime you did not commit? Are you sleepless and worried about protecting your family? You have the right to fight back against the state. Fight Back! But you have to have the right team on your side. Act quickly to avoid serious jail time. You need our team of experienced lawyers on your side to fight the State. We have a proven track record of dismissals, reduction in sentences and winning trials. Help us to save you, save your family, and protect your reputation! Call US today!
Felony Law
- Death Cases: Murder, Attempted Murder, Vehicular Homicide, and other high profile cases.
- Thefts: Burglaries, Shoplifting, Theft-By-Receiving– felonies and misdemeanors.
- Sex Crimes: Rape, Statutory Rape, Sexual assault and battery, Child Molestation..
- Drug Crimes: possession of cocaine, marijuana, and other narcotics Both possession and possession with the intent to sell.
- Other felonies: Assaults, Battery, Arsons, Property Destruction, Kidnapping, etc
- Hearings that stem from felony cases: Preliminary Hearings, Bond Hearings, Probation violation, Bond Revocation, and more.
If you are being investigated for or have been charged with a felony offense in Henry County or the surrounding areas, don’t jeopardize your case any further. Contact our law office immediately to learn more about your rights. A Henry County felony defense lawyer at Nicola Cummings Law Firm is committed to helping you obtain the best possible outcome for your felony case. They will carefully investigate all charges against you and will put together a winning strategy for your felony crimes case.
Misdemeanor Law
- Domestic Violence case: Assault, Battery, Simple Battery, Simple Assault,
- Sexual Assault cases: Sexual Battery,
- Driving cases: Driving Under the Influence whether alcohol, drugs, sleeping pills, or a combination; Reckless Driving, Aggressive Driving,
- Conduct cases: Discorderly Conduct, Obstruction, Resisting Arrest, Trespass, Criminal Trespass.
- Theft Case: Theft by Shoplifting, Theft by Deception, Theft By Receiving.
- Traffic Citations: Speeding, Failure to Maintain Lane, Following Too Close,
- Hearings that stem from misdemeanor cases: Preliminary Hearings, Bond Hearings, Probation violation, Bond Revocation, and more.
Preparation defines the Nicola Cummings Law Firm: Preparation begins in your first meeting with us listening to your story, learning about you, your charges, why you are in the position that you are in and how we can assist with a resolution that helps you and your family.
Driving Under the Influence (DUI's)
Georgia DUI law is very complex. Pursuant to OCGA 40-6-391, there are five types of DUI: A person shall not drive or be in actual physical control of any moving vehicle while:
1. Under the influence of any drug to the extent that it is less safe for the person to drive;
2. Under the intentional influence of any glue, aerosol, or other toxic vapor to the extent that it is less safe for the person to drive;
3. Under the combined influence of any two or more of the substances specified in paragraphs (1) through (3) of this subsection to the extent that it is less safe for the person to drive;
4. The person’s alcohol concentration is 0.08 grams or more at any time within three hours after such driving or being in actual physical control from alcohol consumed before such driving or being in actual physical control ended; or
5. Subject to the provisions of subsection (b) of this Code section, there is any amount of marijuana or a controlled substance, as defined in Code Section 16-13-21, present in the person’s blood or urine, or both, including the metabolites and derivatives of each or both without regard to whether or not any alcohol is present in the person’s breath or blood.
Administrative License Suspension (ALS)
Some helpful information regarding Administrative License Suspension:
We all know that a DUI arrest means going to criminal court where you’ll face a judge or jury and potentially lose your driver’s license. But did you know that before you have to appear in court, your driver’s license can already be taken away by the Department of Driver Services? Don’t let this “hidden law” take away your right to drive. Time is of the essence! It is now the 30-day rule which means that you have thirty (30) actual days (starting with the day after your DUI arrest) to request an administrative hearing with the Office of Administrative Hearings. When you were arrested, the officer should have read and explained the Georgia Implied Consent Notice to you. This is a notice to warn drivers that refusing to take a chemical test can result in serious penalties. Whether you refused to take a chemical test or the result exceeded the per se limit, the officer should submit his or her report to the Department of Driver Services. Don’t let these 30 days pass without requesting your hearing!
What happens if I miss the 30-day mark for requesting a hearing? If you refused to take a chemical test and you didn’t request a hearing within 30 days, your driver’s license will be suspended for one year starting on the 46th days after your DUI arrest date. It is NOT possible for you to get any limited permit during an administrative suspension for refusing the state test. When you are administratively suspended due to a “per se” violation for the first time within five years, you are eligible for a 120-day ALS limited permit. Upon payment of the reinstatement fee and providing proof of completion of DUI School, you can reinstate your license after 120 days. The amount of time that your license was administratively suspended will be credited against any license suspension you receive later in criminal court if you are convicted of DUI.
Standardized Field Sobriety Testing (SFST)
What do you really know about field sobriety tests?From making you recite the alphabet backwards to other silly tasks, police officers use field sobriety tests to help determine whether or not a person is under the influence of drugs and/or alcohol while driving. While there is a plethora of field sobriety tests police officers give, the National Highway Traffic and Safety Administration has approved three: the Horizontal Gaze Nystagmus (HGN), the Walk and Turn, and the One Leg Stand. Georgia police officers often use these three field sobriety tests when DUI is suspected.Before a police officer can ask you to perform a field sobriety test, there must be a reasonable, articulable suspicion of wrongdoing to stop your vehicle. If the officer suspects you of drinking, he or she may ask you to perform a field sobriety test. You do not have to perform this test; it is optional. However, as a practical matter, if you refuse field sobriety testing, you WILL be arrested and your license will be suspended for a period of one year. If you agree to take the test, the officer should make sure that you are physically able, are under 65 years of age and you are not more than 50 pounds overweight. The officer must also ask you to perform the test in a safe, well-light area on a hard, dry surface. If you are wearing heels more than 2” high, you should be allowed to remove them before taking the test.
The Horizontal Gaze Nystagmus (HGN)
During this test, the officer will ask you to follow a stimulus (such as a lighted pen) with your eyes in order to detect nystagmus (involuntary jerking of the eyes). He will look for three clues – lack of smooth pursuit, nystagmus at maximum deviation, and onset before 45 degrees. Nystagmus can be brought on by alcohol consumption. However, many people suffer from a natural nystagmus, and there are dozens of other causes, which is why the HGN test is not scientific proof that you were under the influence.The Walk and TurnIn this type of test, you’ll be asked to follow an imaginary line or the white line on the shoulder. You’ll have to walk nine heel-to-toe steps, then turn around, and walk back in the same manner.The One Leg StandThe officer will ask you to raise one foot six inches off the ground and count out loud for 30 seconds. Like the Walk and Turn test, you cannot use your arms for balance or sway side to side. Police must follow protocol when administering your field sobriety tests!
Juvenile Offenses
Representing Minors Arrested for or Accused of Juvenile Offenses
Juvenile crimes are any criminal offenses committed by a minor, a person under the age of 17. Juvenile court proceedings are very different from cases in which adults are charged. For instance, there is no jury in a juvenile court case in Georgia. The sentence and verdict is decided by a judge who will evaluate the case based upon evidence, information, and testimony provided by the prosecution and the defense.
Juvenile courts in Henry County and throughout the state are meant to protect children from the harsh reality of adult court. After all, minors are impressionable and should be given the opportunity to learn from their mistakes. However, sometimes a certain offense will cause prosecutors to attempt to have a child tried as an adult, where he or she will face adult penalties.
Due to the differences in the two court systems, and the possibility that your child could be facing jail or imprisonment, make sure you contact a legal professional who is experienced with juvenile court proceedings. By working with a Henry County juvenile defense lawyer with over thirty years experience and a high level of commitment to his clients, your child still has the chance for a bright future.
If your child has been accused of or arrested for a crime, make sure you don’t leave his or her future up to an inexperienced attorney. By working with a Henry County juvenile crime attorney at Nicola Cummings Law Firm your child has the opportunity to get alternative sentencing or have his/her charges dropped altogether. We will also do everything in our power to help ensure no criminal charges are filed and that your child is not tried as an adult.
Traffic Law
There are many different types of traffic violations: moving and non-moving. An example of a moving violation would be speeding which carries points towards your driver license depending on the speed. An example of a non-moving violation is no proof of insurance which does not carry any points. However, the penalty for no insurance is harsh and increased with each violation.
Points:
A points system is used to track traffic violations and is recorded on each driver’s driving history or motor vehicle report. Points are assessed against a person’s driver’s license for convictions for most moving traffic violations and some non-moving violations. Points are also assessed for traffic convictions that occurred in other states if the person holds a Georgia driver’s license. No points will be assessed for violating a provision of state law or municipal ordinance regulating standing, parking, equipment, size, and weight.
Accused of a Crime? Don’t Wait—Protect Your Rights Now!
Types of Personal Injury Cases We Handle in McDonough, GA
Hit!. Hurt! Help! Cash!!! Personal injury claims provide injured persons with compensation due to the negligence of another person. The injury can be sustained through physical injury, death, loss of wages, mental suffering, and in other ways as detailed below. The types of personal injury claims include automobile accidents, slip and fall incidents, assault and battery, medical malpractice, nursing home abuse, dog bite cases, and injuries that arise from defective products. Insurance companies try to minimize your claim so that they do not have to compensate you for your injuries. Insurance companies will aggressively contest liability to avoid paying damages. You need a team of experienced personal injury attorneys with a proven track record of receiving the maximum payout on each case. We work hard to negotiate fair settlements. However, we are prepared to go to jury trial to ensure the best outcome for you, your case, and your family. Call us today for a free consultation!
Personal injury law, sometimes referred to as tort law , allows you to recover damages for injuries caused by the responsible party’s intentional or careless actions. This can be physical or property damage.
Our top-rated attorneys in McDonough, GA are dedicated to assisting you with your personal injury case and claim. Nicola Cummings Law Firm handle all things Personal Injury including car accidents, premises liability, commercial vehicles collisions, and wrongful death cases. Call for a free consultation.
Auto Accidents
Accidents on Georgia’s major highways, such as Interstate 20, Interstate 75, Interstate 85, Interstate 675, and Interstate 285, often have severe consequences due to high speeds, driver fatigue, and heavy truck traffic. Georgia State Patrol reports a significant number of traffic accidents annually, with increasing injuries and fatalities each year.
If you or a family member have been involved in a serious accident or suffered a personal injury or wrongful death, our top-rated personal injury lawyers are here to help. We specialize in representing clients in these cases and can handle issues related to uninsured or underinsured motorists, construction accidents, and potential claims against trucking companies.
If you’re dealing with mounting medical bills and income loss, or if you’re pressured by an insurance company, contact us for a free consultation. We will navigate the complexities of your case and ensure you receive the compensation you deserve.
Remember, driving under the influence of drugs or alcohol is illegal in Georgia and can significantly impact your case. Our attorneys are committed to uncovering all relevant evidence and pursuing maximum compensation for victims of drunk driving.
Trucking Accidents
Truck accidents are often catastrophic due to the large size of most trucks, leading to severe injuries or fatalities. Semi-truck wrecks are especially devastating and frequently result from driver negligence, mechanical defects, or poor maintenance.
In Georgia, truck drivers must adhere to strict regulations, including limits on driving hours, load sizes, and regular drug testing. Unfortunately, non-compliance by trucking companies can contribute to accidents. Common causes include driver fatigue, speeding, overloaded freight, and drug use.
It’s crucial for your attorney to review all aspects of the case, including trucking logs and vehicle maintenance records, to determine liability. If you’re facing mounting medical bills and income loss from a truck accident, our top-rated Georgia personal injury lawyers can assist you.
Is an insurance company pressuring you to settle? As Georgia’s most successful personal injury law firm, we know that resolving insurance issues is complicated. If you are not familiar with the process, you risk missing important deadlines, damaging your case with an innocent comment to an insurance adjuster, or failing to identify a source of compensation for your loss. You do not have to handle this alone. Our team of experienced lawyers are Always Ready to help. CALL US TODAY FOR A FREE CONSULTATION.
Premises Liability
Property owners must ensure their premises are safe for visitors. If they fail in this duty, resulting in serious or fatal injuries, you may be entitled to compensation. At the Nicola Cummings Law Firm, we hold property owners accountable for negligence, including failure to warn, unsafe conditions, and slip and fall incidents.
Under Georgia premises liability law, you can pursue claims for:
- Negligent Security
- Unsafe Conditions
- Criminal Acts of Third Parties
- Employee Actions
- Slip and Fall Incidents
- Failure to Warn
- Dram Shop Liability
- Bar Negligence
- Swimming Pool Accidents
- Attractive Nuisance
If you’ve been injured due to unsafe conditions on someone’s property, seek expert legal advice to explore your options for compensation.
Wrongful Death
A wrongful death claim arises when a person’s death is caused by the negligence or wrongdoing of another person, corporation, or government entity. In Georgia, an heir, heirs, or personal representative of the deceased person’s estate may maintain a wrongful death claim; however, the lawsuit is filed in the name of the estate, not in the name of the individual family member. Any settlement or jury verdict is awarded to the estate and distributed to heirs according to applicable probate laws. Generally, a deceased person’s spouse, children, stepchildren, parents, and dependent relatives qualify as heirs. Wrongful death claims can arise in many situations, such as auto accidents, trucking accidents, medical malpractice, or due to dangerous premises. If you have lost a loved one in an accident caused by the fault of another, it is important to contact an attorney immediately.If you have lost a loved one due to the negligence or wrongful act of another, it is important to seek immediate legal representation. Georgia has statutes of limitations that generally limit the amount of time a plaintiff can bring most claims to within two years of the date of death; otherwise, your claim may be barred by statute and you will lose the opportunity to recover for your losses. However, this time limit may be tolled in certain circumstances, such as when the victim of the injury was a minor or mentally incompetent. It is important to consult an experienced attorney as soon as possible in order to fully preserve your rights.
Medical Malpractice
Medical malpractice occurs when a hospital, doctor or other health care professional, through a negligent act or omission, causes an injury to a patient. The negligence might be the result of errors in diagnosis, treatment, aftercare or health management.
What are the four elements of malpractice?
The injured patient must show that the physician acted negligently in rendering care, and that such negligence resulted in injury. To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages. The most common medical malpractice claims include misdiagnosis, childbirth injuries, medication errors, and surgical errors. However, any situation where a medical professional’s negligence injures a patient could warrant a medical malpractice claim. The same types of acts may form the basis for negligence or malpractice. If performed by a non-professional person the result is negligence; If performed by a professional person the acts could be the basis for a malpractice lawsuit. Team Nicola Cummings can handle your medical malpractice case.
