Monthly Archives: February 2024
How “Assumption of Risk” Can Affect Your Child’s Georgia Personal Injury Claim
In Georgia personal injury cases based on premises liability, property owners will often cite “assumption of risk” as a defense. Essentially, if the plaintiff voluntarily and knowingly assumed a risk that led to injury, the defendant cannot be held legally responsible. This assumption of risk rule often comes up in cases arising from sports… Read More »
Are Georgia Physicians Liable for the Medical Malpractice of Physician Assistants?
In Georgia personal injury law there is a concept known as vicarious liability. Essentially, a principal is liable for the wrongful acts committed by their agents. To give a classic example, let’s say a business employs a driver to make deliveries in a company-owned vehicle. While making a delivery, the driver runs a red… Read More »
Can You Be Charged with Federal DUI?
Driving under the influence (DUI) is normally prosecuted as a state crime. Here in Georgia, absent certain aggravating factors, a first-time DUI is prosecuted as a misdemeanor. Upon conviction, a driver faces a maximum penalty of between 10 days and 12 months in jail, a fine of between $300 and $1,000, at least 20… Read More »
What Is an Alford Plea in a Georgia Criminal Case?
When a person is formally charged with a crime in Georgia, the court will ask the defendant to enter a plea. Normally, the defendant will plead either “guilty” or “not guilty.” In some cases, the defendant may enter a plea of nolo contendere or “no contest.” This basically means that the defendant does not… Read More »
How the COVID-19 Pandemic Affects Georgia Medical Malpractice Claims
The COVID-19 pandemic had a widespread and devastating impact on Georgia’s healthcare system. At the beginning of the pandemic, in April 2020, Georgia Governor Brian Kemp issued an executive order formally declaring a “public health state of emergency.” Among other provisions, the executive order declared that “employees, staff, and contractors of healthcare institutions and… Read More »
Are DUI Roadblocks Legal in Georgia?
If you are out driving during a busy weekend or holiday, you may have found yourself stopped by the police at a DUI checkpoint. The purpose of these temporary roadblocks is to stop and briefly question drivers to see if there is any proof they are impaired and possibly operating their vehicle under the… Read More »
Can the District Attorney Withdraw a Plea Agreement If the Judge Imposes a Lighter Sentence?
Most Georgia criminal cases are resolved through a negotiated plea agreement between the defendant and the district attorney’s office. A typical agreement involves the defendant agreeing to enter a plea of guilty or no-contest to a reduced charge in exchange for a joint sentencing recommendation. The final agreement is then submitted to the trial… Read More »
How Exploiting a Software Bug Can Lead to Federal Fraud Charges
Fraud describes a number of criminal offenses where a person uses deception or trickery to obtain the property of another. This can include situations where a person deceives by lying about the nature of a proposed bargain. What matters is whether the person accused of fraud intended to deceive the other person. In addition,… Read More »
How DUI Can Lead to Child Endangerment Charges in Georgia
We all understand that drunk driving is reckless, irresponsible, and illegal. That is why Georgia law provides significant criminal penalties for anyone convicted of DUI. But the law also provides for additional and enhanced DUI penalties under certain circumstances, such as when a child was present in a vehicle operated by someone under the… Read More »
Can I Refuse a Police Search If I’m on Probation?
The Fourth Amendment to the U.S. Constitution normally protects a person’s right to be free from “unreasonable search and seizures.” This means that, absent certain exceptions recognized by the courts, the police must first obtain a warrant before searching you or your property without your consent. Such a warrant requires a magistrate to find… Read More »