Driving under the influence in Georgia carries serious and far-reaching consequences—ranging from potential jail time to long-term license suspensions. When facing a DUI charge, it is essential to have a strong advocate who understands the criminal court system and will prioritize your best interests. This is especially important for individuals charged with DUI in Forsyth County, and nearby areas such as Alpharetta, Dawsonville, Lumpkin, and Gainesville.

At Abernathy McPeek, we have extensive experience handling DUI cases throughout North

Georgia. Our firm understands the defenses that may apply in a Georgia DUI, including:

• Improper administration of the Implied Consent Notice

• Chain of custody issues or improper analysis of blood and breath samples

• Lack of reasonable, articulable suspicion for the initial traffic stop

• Incorrect administration of Standardized Field Sobriety Tests

• And other procedural or evidentiary challenges

Georgia’s Implied Consent laws also impose severe penalties for refusing a blood, breath, or urine test. A refusal may result in a driver’s license suspension of at least one year. One of the most critical decisions you must make early in your case is whether to file an Administrative License Suspension (ALS) appeal or install an Ignition Interlock Device. This decision must be made within 30 days of receiving your suspension notice—an urgent deadline that can greatly impact your ability to drive.

At Abernathy McPeek, we know how to thoroughly evaluate your case and strategically apply the strongest defenses possible. Our goal is to pursue a reduction—or, when possible, a complete dismissal—of your DUI charges.

If you have been charged with DUI in Cumming, GA or any neighboring North Georgia area, contact our office today for a free consultation. Let us help you protect your rights, your license, and your future.

At Abernathy McPeek, we are committed to achieving the best possible outcome for your traffic-related matters in Cumming, and the surrounding areas. While traffic tickets often appear simple, many people assume it is easier to pay the fine rather than challenge it. However, paying a ticket is legally considered an admission of guilt and can lead to serious consequences for your driver’s license, driving record, and insurance rates.

Our firm frequently receives calls from individuals who have already paid their ticket, only to later discover that points were added to their license, their insurance premiums increased, or their driving privileges were suspended. Once a ticket has been paid, it becomes far more difficult to obtain a favorable resolution—especially in jurisdictions throughout North Georgia such as Cumming, Dawsonville, Alpharetta, and Gainesville.

These challenges are even more significant for young drivers under the age of 21—or under 18—who face particularly harsh penalties. Traffic citations at these ages often carry mandatory license suspensions, and in many cases, do not allow for a limited driving permit for school or work. To avoid these consequences, it is essential to be proactive and work with an attorney who understands how traffic courts operate in Cumming, and nearby communities.

If you have received a traffic citation in Cumming or the surrounding areas, contact Abernathy McPeek today to discuss your case and receive a personalized quote. We are here to help you protect your record, your license, and your future.

Domestic violence cases in Georgia—although often charged as misdemeanors and sometimes as felonies—can carry consequences that may affect a person long term. Many people are unaware that Georgia lawmakers have created specific statutes to address family-related violence and the significant penalties that can result from a conviction under the Georgia Family Violence Act. This law applies to incidents involving family members and individuals in certain domestic or household relationships.

When someone is charged under this act, it is common for bond conditions to include a “No-Contact Order,” prohibiting communication with the alleged victim. These restrictions can complicate matters far beyond the criminal case itself, especially when the individuals involved share a home, children, or financial responsibilities. Adjusting these conditions is not a simple process; even when the alleged victim requests contact, the State may still object.

It is also common for an alleged victim to seek a Temporary Protective Order (TPO). A TPO is designed to offer immediate protection and may be granted by a judge before the accused individual has an opportunity to respond. Violating a protective order can result in serious consequences. After an initial order is issued, the court will schedule a hearing to determine whether the order should be extended.

At Abernathy McPeek, we provide experienced guidance in domestic violence matters—whether representing individuals charged under the Georgia Family Violence Act or assisting victims seeking a protective order. These cases can be complex and emotionally challenging, and they benefit from the support of an attorney familiar with how these issues are addressed in Forsyth County and the surrounding North Georgia communities.

If you or someone you know is facing a domestic violence charge or needs assistance pursuing a Temporary Protective Order, please contact our office for additional information and a free consultation. We are here to help you navigate these sensitive situations with professionalism and care.

Just because you have closed your criminal case does not mean that everything is free and clear – probation is a jail sentence that someone is serving on the outside. A probation revocation is where Probation and the Prosecutor say that someone broke the rules of probation and needs to be punished for that. Punishment can range from jail time, added conditions of probation, loss of First Offender or Conditional Discharge, and more. To make matters worse, the State only needs to prove that someone broke the rules of probation by a 50/50 standard. Charles Abernathy and Kristian McPeek have experience representing individuals charged with violating their probation all over Forsyth County and the North Georgia region; if you or a loved one is facing a probation revocation, call for a no consent consultation about their specific case today at 404-236-6060.

A person can violate their probation in many ways. They can be arrested for a new offense, they can stop reporting, fail a drug screen, or not complete a special condition of their unique sentence. There are two main types of probation revocations. One can violate a general condition of probation or a special condition of probation. A general condition is something like failing to report to probation. The maximum punishment for violating a general condition of probation is 2 years to serve in custody for felony cases. A special condition of probation is something like being evaluated for dependency on drugs and alcohol. If someone violates a special condition of probation, they are facing the entire remaining balance of probation being revoked into jail or prison.

There are only three ways for a probation revocation to resolve in Georgia. A person can admit to the charges and negotiate the best outcome possible. This is referred to as a probation revocation waiver. Think about this like a negotiated plea in a criminal case – you know what the allegation is and you negotiate the outcome. If a waiver is not an option then the best outcome might be to admit and argue about disposition. This is where the probation violation is admitted to, and your attorney argues to the Court for the best outcome possible. This is like an open plea where you ask the Judge to sentence you for the revocation. Finally, there is a hearing. This is where you go to court and make the state prove the allegations against you at a preponderance of the evidence standard. At Abernathy and McPeek we tell people to think about this like a mini trial over the alleged probation violations.

There are many factors that go into representing someone for a probation revocation. Factors such as the original charges, how someone has performed on probation in the past, past revocations, what the State can prove and more all factor into how a probation revocation is resolved in Court. Kristian McPeek and Charles Abernathy know O.C.G.A. 42-8-34.1, the law, the prosecutors, and the Courts of Forsyth County and surrounding North Georgia communities, and they leverage this experience for you when the State says you violated the rules of probation. Give them a call today and see how they can help at 404-236-6060.

For those struggling with mental health and addiction issues, being charged with a criminal offense can be terrifying. These feelings of worry are often intensified because both those charged and their loved ones may feel helpless. What do you do when there is a deep addiction or a genuine mental health issue that is the root cause of the legal trouble? Since 2012, the answer in many instances has been drug court or mental health court.

Beginning in 2012, mental health and drug courts—more commonly called accountability courts—received enough backing to expand statewide. These programs are designed to treat individuals with certain mental health or addiction issues in the community, rather than simply placing them in custody. Each county and circuit in Georgia has these programs, and navigating them successfully is critical for clients who qualify.

Gaining entry into these programs is a multi-step process. First, an attorney must identify a genuine legal need for this type of sentence. After the application, the individual undergoes a clinical screening, where a treatment provider conducts a thorough in-person evaluation to determine if the person has a mental health or addiction issue that the program can address. If clinically accepted, the case proceeds to the prosecutor to confirm legal eligibility. If all steps are satisfied, formal acceptance is offered, and the individual can decide if the program is right for them.

The attorneys at Abernathy & McPeek, LLC have been actively involved in these accountability courts since their inception. From 2012 to 2016, Kristian McPeek served as a team member for these programs across Lumpkin, White, Dawson, and Hall Counties, participating in meetings with judges, probation officers, treatment providers, and the District Attorney. This experience gave him unique insight into how these programs operate, how to guide clients through the entry process, and how to ensure success once enrolled. Kristian continues his active participation in accountability programs throughout Forsyth County and North Georgia, attending graduations and supporting participants.

These programs typically last a minimum of 24 months. They require hard work, but the rewards are significant. At Abernathy & McPeek, LLC, we have seen firsthand how dedication pays off. Our team has the expertise to identify strong candidates, the advocacy to get them accepted, and the guidance to help participants navigate the program successfully.

If someone you love is facing a criminal case and may be eligible for drug court or mental health court, call us today at 404-236-6060. We will take the time to explain the process in detail and help put rehabilitation before incarceration.