Banks Rafe Iii /Atty

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Map & Directions309 Pirkle Ferry RdCumming, GA 30040 Write a Review

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blake.cheatham.3

08/24/2012

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Rafe Banks is one of the best ...

Rafe Banks is one of the best in the business. He represented me with a degree of professionalism, diligence, and dedication seldom seen in the legal profession.

Rafe always answered my questions and kept me informed throughout the entire

trial(s) process and never left me wondering what to expect. I don't think you could find a better defense attorney.

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Phone: (770) 887-1209

Address: 309 Pirkle Ferry Rd, Cumming, GA 30040

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Banks Rafe Iii /Atty

Divorce
Banks, Stubbs & McFarland, LLP, work hard to find the right solutions to your divorce and family law problems. With more than 200 years of combined experience, our attorneys protect the rights and safeguard the interests of our clients and their children every day.
Child Support
If a disagreement over child support is holding up your divorce, the skilled family law attorneys of Banks, Stubbs & McFarland LLP can help you find solutions you can live with — and that fully recognize “the best interest of the child.”
Child Custody and Visitation
Divorcing couples often disagree on objectives for child custody and visitation responsibilities for each spouse. Whether the divorce is uncontested or as complicated as a high-asset complex divorce, appropriate levels of access to the child or children you love can complicate the process of legally ending a marriage.
Adoption
It pleases us enormously to assist Georgia families in adding new members. We help with every kind of adoption and guardianship plan and are there for every step of the way. If you are considering adopting a child in the state of Georgia, call us today to start building your family.
Paternity
Premarital Agreement
Generally speaking, if the couple agrees with the goals and terms surrounding those three issues, the divorce is considered uncontested. It does not matter if one party wishes to stay married. If the couple is completely following a set plan, a prenuptial agreement or separation agreement, the divorce is uncontested. Uncontested divorces are generally quicker and less expensive than contested ones, but that does not mean that the process is necessarily easy in the state of Georgia. An uncontested divorce usually takes about a month to finalize.
Guardianship
For some people, the answer to this question of rights is seeking an adoption of the stepchild. Usually, stepchild adoption only occurs if the biological parent gives up his or her rights or is no longer living. This is not always the case, but generally speaking, only two people can have guardianship over a child.
Spousal Support
Like most states, Georgia uses a formula that takes into account the income of both parents and divides the cost of child-raising to determine a so-called ‘guideline’ amount. For reasons of consistency and objectivity, this is the amount that is presumed to be fair for the non-custodial parent to pay to the custodial parent. However, the law makes some room for adjustment of this amount if either parent can show evidence rebutting this presumption. Georgia Code Section 19-6-15 covers the calculation process and also describes how deviations from the guidelines work, and gives examples of specific deviations that might be allowable. While the list is not exhaustive, it gives one an idea of the kind of evidence that may be necessary to rebut the presumptive guideline amount and get a different amount ordered. First among these specific deviations are extremes of income amongst the parents. The guidelines were created for the average situation and very high or very low incomes may need some adjustment. The cost of health or life insurance policies that benefit the child may also be used as a deviation. A factfinder may deviate from the guidelines to allow for the receipt of a child tax credit, or the travel expenses of a parent following a court-ordered visitation schedule. Actual alimony paid may be the basis for a deviation. If the non-custodial parent pays the mortgage on the children’s residence, or provides it to the custodial parent at no cost, deviation may be allowed. A court may also deviate from guidelines if the child is in the foster care system and the non-custodial parent is attempting to get the children back by setting up a household according to a permanency plan. Extraordinary expenses for the child, such as abnormal medical or educational expenses may be a basis for deviation, as may be an unusual parenting time arrangement. Of course, there may also be non-specific reasons not included above that can create the basis for a guideline deviation. The main thing to remember is the court or jury must normally make written findings supporting the deviation, and must always do so with the best interest of the child in mind. Deviations are not easy to procure, and if you have questions about child support in Georgia, you may wish to consider consulting an experienced family attorney.
Legal Separation
Georgia law actually makes the separation prior to a divorce easier than the process in other states. The couples may continue to live together during the legal separation period provided that there are no “marital relations” during this time. If one spouse moves into a different bedroom with the intention of suspending “conjugal activity”, the separation requirement is satisfied.
Child Abuse
On a side note...some of you may be wondering what type of criminal law I practice. I handle special victims cases. These cases include sex crimes, child pornography, and child physical abuse cases. I use to prosecute these cases and in 2009 when I left the District Attorney’s office I started doing some limited defense work surrounding only these types of cases. I am very picky about the cases that I take and assign my name too and I approach these cases in a very different manner than many defense attorneys. Sex crimes cases are a very specific area of the law and require specific training and experience to handle these cases effectively. There is also a very different dynamic that is added to the defense when you have a female attorney...especially one with four children. It is much more received by a jury when a women is cross examining a female victim or a child than when a male is cross examining these types of victims. These cases can tear families apart and they are just extremely difficult to handle all the way around. If you have a loved one that needs some assistance with a sex crimes case or a case related to allegations of child abuse, I would be more than happy to talk to you about how Jacob and I can assist your family.

Criminal Defense
Mr. Banks is the best criminal law attorney I have hired to date. ( unfortunately I have hired many). He to date is 3 wins to 0. He doesn’t speak much but as a man of complete honor and integrity that he is. There is no need. He is not only the break you need but worth every damn penny spent.
DUI/DWI
During law school, Phil clerked for Judge Steve Jones of the Western Judicial Circuit who is now a United States District Court Judge for the Northern District of Georgia. Phil also worked as a prosecutor under the 3rd Year Practice Act for the Forsyth County Solicitor General’s Office and the DeKalb County District Attorney’s Office. After Law School, Phil returned to Forsyth County in public service as a prosecutor. During his time working for the State, Phil spent 75% of his time in court. He obtained the position of Senior Assistant and was the Acting Assistant on the Forsyth County DUI Court, prosecuting hundreds of DUI cases.
Wrongful Death
Attorney R. “Parker” McFarland, Jr. is a fourth generation attorney whose mission is to restore lives shattered by wrongful death and serious accidents and injuries. Parker’s great-grandfather, John Alexander McFarland, started practicing in 1905 and quickly became a prolific trial lawyer who won 2/3 of his cases. His son, Parker’s grandfather, Joe Alexander McFarland, was president of his law school class at Ole Miss and was a county attorney and circuit judge in Jasper, Mississippi. Joe McFarland was so well respected that he was invited to be a judge at the Supreme Court of Mississippi.
Traffic Violations
Client (J.O.) was a passenger in his uncle’s truck in Hall County when the defendant pulled out in front of them, causing a collision. Although the defendant was issued a citation for failure to yield, a witness identified in the police report stated that Client’s uncle was speeding. Moreover, Client’s uncle admitted in his deposition that he had been speeding at the time of the car wreck.
Sex Crimes
Partners at Banks Stubbs & McFarland in Gumming represented the accused in the three cases before juries, with Rafe Banks Ill serving on behalf of a man in a DUI case, Amy Carter representing a man accused of rape, and Jacob Stidham serving on behalf of a man accused of sexual assault.
Robbery
He defends individuals charged with a variety of serious traffic offenses, such as DUI or driving without vehicle registration or insurance. He also represents individuals facing criminal offenses, including drug offenses involving marijuana, assault and battery, armed robbery, sex crimes and offenses involving minors.
Burglary
Breaking and entering are most commonly associated with the crime of burglary. With the traditional common law, a person committed the crime of burglary when he or she used physical force to gain entry into the dwelling under the cover of darkness with the intent to commit a felony therein.
White Collar Crimes
Theft
Misdemeanors
Attorney Parker McFarland repeatedly maintained that Client did not cause the serious injuries of the victim. On the eve of the trial date, the District Attorney agreed to dismiss the felony Serious Injury by Vehicle charge and Client obtained a probation sentence for misdemeanors.
Drug Crimes
If you are convicted of a drug crime, you may face many harsh penalties and challenges, including years in prison, large fines that drain your family’s finances, a criminal record as a felon and strict probation or parole conditions upon your release. The drug lawyers at Banks, Stubbs & McFarland LLP do everything in our power to help you avoid these harsh punishments.
Assault
Many Georgia residents are likely familiar with the terms “assault” and “battery,” as they tend to find fairly common use in the popular culture of the United States. They are often used in combination, almost as a single phrase, as in “assault and battery,” and many people likely think that the definitions are more or less interchangeable. However, under Georgia law, the two crimes are separate and have different elements, even though they can sometimes occur together. Basically, “ assault ” is, in some ways, a crime of attempt or threat. In Georgia, a person can commit assault by placing another person in fear of imminent bodily harm. This could be done by actual actions showing an intent to injure someone, or even by threatening words in certain circumstances. The phrase “I’m going to kill you,” if said in a manner to place a person in fear of that outcome, could be considered an assault. “ Battery,” on the other hand, involves an actual harmful or offensive touching to another individual. To be a battery, the person accused would need to make physical contact with the other person with an intent to either cause physical harm, or a touching meant to insult or provoke that person. A hard finger-poke to the chest, even if it doesn’t do permanent physical harm to the victim, could be considered a battery, for example. Intentionally spitting in another person’s face might also be considered a form of this crime. Because of the way the definitions interrelate, battery is often accompanied by assault, as the actual touching of a victim is often preceded by an attempt or placing of fear of imminent harm into that person. Assaults, on the other hand, can occur even if no physical contact is made. It is important for you to note that both of these crimes are considered to be violent, and can result in serious penalties. If you have been accused of assault or battery, you may want to get more information about how you can present a defense to the charges.
Murder
Some of the most popular television shows for the last couple of decades have been so-called ‘police procedurals,’ where the main characters are law enforcement officers and the viewers are taken through the steps of identifying an alleged criminal and the solving of the crime. Also widely viewed are courtroom dramas, these shows purport to show the inner workings of the justice system. An especially successful example of this has been the “Law and Order” series of shows, which combine these two elements. If you have seen one of the various iterations of these shows, you have undoubtedly been treated to terms such as ‘first degree murder,’ or ‘premeditation’ among others. While these terms do exist in legal circles, especially in certain states, not every jurisdiction uses the same language and definitions. For example, Georgia law does not differentiate between degrees of murder in the classical sense. According to Georgia Statute 16-5-1, there are only two ways to commit murder: either the unlawful killing of another with “malice aforethought,” or killing someone unlawfully while engaged in the commission of another felony, regardless of the presence of any malice (aka ‘felony murder.’) Now, there are other charges that can be brought against someone who is involved in another’s death. These include, generally, voluntary and involuntary manslaughter, which are crimes that have elements that differ from a murder charge. Being charged with murder is serious and can lead to life-altering penalties. The prescribed sentences for murder are death, life imprisonment without parole, and life imprisonment. Therefore, if you face a murder charge in Georgia, you may want to seriously consider speaking with an experienced criminal attorney.
Juvenile Crimes
Probation Violation
Homicide
Under Georgia law, the punishment for homicide by vehicle while you were driving drunk or recklessly is between 3 and 15 years in prison for each offense. If you are known as a habitual offender, you can face jail time between 5 and 20 years. In addition to the prison sentence, the court will order your driver’s license to be suspended for 3 years with no work permit.
Arson
Under Georgia law, section 16-1-3, a misdemeanor is a crime that’s not a felony. A misdemeanor is a crime – that means that it’s more serious than an infraction, like speeding. So misdemeanors fall into a middle ground between the most serious offenses, like murder, arson, or kidnapping, and traffic infractions like speeding.
Restraining Order
In Georgia, a restraining order, more commonly known as a temporary protective order or TPO, restricts contact between individuals. TPOs are typically issued by a judge without a full hearing and based only on an accuser’s claims. If a TPO is violated, the individual who has a TPO against him or her could go to jail.
Forgery
Kidnapping
Manslaughter
Georgia law differentiates murder from manslaughter. The main difference between these crimes is the concept of malice aforethought. Georgia Code Section 16-15-1 defines murder as the unlawful killing of another with malice aforethought. In other words, to convict a defendant of murder, prosecutors must show that the defendant intended harm. The statute breaks malice down into two categories: express malice and implied malice. Killing with malice, in general, is killing with intent, as opposed to recklessness or negligence. Express malice, according to the law, is killing someone when the intent to do so can be seen through external circumstances that can be directly proved. One example might be an audio recording of someone saying “I’m going to kill you” seconds before shooting another person. This is direct evidence of the intent to kill. Remember, of course, that such evidence may or may not be admissible in a trial, or may be rebuttable by the defendant. Implied malice is the killing of another when there does not appear to be any provocation to do so, and when the totality of the circumstances shows an “abandoned and malignant heart.” This is a fairly subjective question, and implied malice will likely be more difficult to prove than express malice.
Internet Crimes
Prostitution
Anyone convicted of a felony involving moral turpitude may not serve in an elected position. Crimes involving moral turpitude include fraud, larceny, murder, soliciting for prostitution, voluntary manslaughter, the sale of narcotics or other illegal drugs, failure to file federal tax returns, criminal issuance of a bad check, or making a false report of a crime.
Hit and Run
Not only will the following result in other charges besides DUI, but they will also likely lead to harsher punishments: multiple DUI convictions, a hit and run accident or one involving a school bus, driving with a child under the age of 14 in your car, fleeing from a police officer, or resisting arrest.

Premises Liability
When you go to someone’s house, visit a restaurant, go the grocery store or visit any other place open to the public, you have the right to expect that it is free from hazards that could cause injury. Property owners and managers have an obligation to maintain their properties to ensure that people visiting them are not injured. If that obligation is not fulfilled, a premises liability lawsuit can be initiated.
Eminent Domain
Property Damage
Property damage - Many accidents can result in extensive damage to your property, especially traffic crashes. The liable party should be responsible for all repairs or replacements so you can have access to your vehicle.

Personal Injury
Some injured victims mistakenly believe that they will be able to save money by taking on the personal injury claim on their own. But a study by the Insurance Research Council (IRC) found that injured victims who have legal representation secured personal injury settlements that are approximately 350 percent or 3.5 times higher than injured victims who didn’t have a lawyer. Those who sustained similar injuries took home substantially more compensation even after paying their lawyers.
Medical Malpractice
Auto Accidents
Slip and Fall Injury
Slip-and-fall injuries are as serious as any. It is not unusual for a violent fall to break bones or cause traumatic brain injury. As a result, these cases have damages including compensation for medical bills and time off from work.

Trusts and Estates

Estate Planning
Randall (Randy) A. Meincke has been practicing law in Forsyth County since 1996, having moved here then from the City of Forsyth where he began his career. Mr. Meincke’s practice is totally focused on estate matters and litigation. Whether it is the preparation of a will, financial power of attorney, advance directive, trust, or other estate planning document, Mr. Meincke is well-prepared to address those needs. In the event you have lost a member of your family, Mr. Meincke can also guide you through probate, the administration of the estate (where there is no will), and/or a year’s support proceeding. In the event you have a family member who can no longer care for themselves, Mr. Meincke can help you file a guardian or conservatorship for an incapacitated adult. In certain cases, you may find yourself embroiled in estate litigation. In those instances, Mr. Meincke can fairly and effectively represent you and your interests.
Wills
Eric J. Tatum is an attorney born and raised in Gwinnett County, Georgia. His primary practice areas include Family Law Litigation, Criminal Defense Litigation, and Personal Injury Litigation. He is also experienced in Will and Estate Preparation and Litigation. He is licensed to practice in all lower courts of Georgia, as well as the Court of Appeals and Supreme Court. Mr. Tatum accomplishes his clients’ goals with thorough investigation, preparation, innovation and skill in both the collaborative and adversarial worlds of law. Mr. Tatum has an advantage over other family law attorneys because he majored in economics and business management. Thus, he is adept at QDROs and other daunting tasks involving mathematics and property division.
Power of Attorney
Probate
The attorneys of Banks, Stubbs, & McFarland LLP have over 200 years combined experience practicing law. The firm has been serving Forsyth County and North Georgia since its inception in 1991. The firm will continue to provide premier representation in Criminal Defense, DUI, Personal Injury, Auto Accidents, Wrongful Death, Family Law and Divorce, and Estate Planning and Probate law. The Firm has four times been voted Best of Forsyth as recognized by the Forsyth County News.

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