Monthly Archives: August 2024
Can You Plead Insanity If You Didn’t Take Your Medication?
Georgia law recognizes two possible insanity defenses for persons accused of a crime. The first defense applies where the accused “did not have the mental capacity to distinguish between right and wrong.” The second is for cases where, at the time of the alleged act, the accused suffered from some “mental disease, injury, or… Read More »
Georgia Appeals Court Reverses Felony Fleeing Conviction
Watching the police chase a suspect on the news may seem exciting. But fleeing the police is in and of itself a crime under Georgia law. Indeed, once a police officer gives you a visual or audible signal to stop your vehicle, you must bring your car to a safe stop as soon as… Read More »
When Is a Georgia Bar Liable for a Drunk Driving Accident?
We all know the devastation that a drunk driver can cause. This is why a drunk driver can be held both criminally and civilly liable when their decision to operate a motor vehicle under the influence of alcohol leads to the injury or death of another person. Additionally, there are situations where the person… Read More »
Can You Sue a Driver for Failing to Warn You About a Hazard?
Georgia law has long held that when the driver of a motor vehicle “creates a dangerous situation in or along a public highway,” even if they did so without intent or negligence, they have a duty to take reasonable steps to “eliminate the danger or give warning to others of its presence.” Failure to… Read More »
Do You Have the Right to Cross-Examine Witnesses at a Probation Revocation Hearing?
Many criminal sentences in Georgia include a term of probation. While on probation, a person is not in jail, but they are subject to a number of conditions that must be strictly followed in order to remain free. If the state has reason to believe a probationer has violated any of their conditions, a… Read More »
How Does a Lease Affect Your Right to Sue Your Landlord?
Premises liability cases involve a personal injury that you sustain on someone else’s property. But how does this work if you are a tenant on someone else’s property? For example, can you sue your landlord for a slip-and-fall accident that occurs in your apartment or a common area of the building? Court of Appeals… Read More »
Can You Argue Self-Defense in a University Disciplinary Proceeding?
If you attend a Georgia college or university, you are subject to that school’s code of conduct. Violating a code of conduct can lead to disciplinary action, which may include suspension or even outright expulsion. And while universities must afford accused students a certain degree of due process, these rights are often not as… Read More »
When Can You Claim Self-Defense as Immunity from Prosecution in Georgia?
Under Georgia law, a person has the right to act in self-defense when they “reasonably believe” that force is necessary to protect themselves or a third person against someone else’s unlawful use of force. Self-defense may be asserted as an affirmative defense of “justification” at trial. It can also be cited as grounds for… Read More »
Can You Sue a “Broker” for a Commercial Trucking Accident?
Commercial trucking accidents involve a complex chain of individuals and companies. While an individual truck driver’s negligence is frequently the immediate cause of a serious crash, victims can also seek to recover damages from the company that owned the truck and employed that driver. But what about the company responsible for hiring the truck… Read More »
Georgia Football Player Reaches Plea Agreement on DUI Charge
We previously discussed the arrest of a 20-year old University of Georgia football player on DUI charges. Back in March, police in Athens charged the player with a number of offenses, including DUI, less safe; reckless driving; and failure to maintain his lane. Under Georgia law, a minor may be convicted of DUI with… Read More »