Author Archives: Jay Butchko
How “Privilege” Can Affect Your Criminal Defense in Georgia
Georgia law provides that certain types of communications are “privileged,” and therefore not usable as evidence in a criminal trial. Some common examples include attorney-client privilege and spousal privilege. Privilege also covers communications between a psychiatrist or licensed psychologist and their patient. Georgia Man Accused of Molesting Granddaughter Allowed to See Her Counseling Records… Read More »
How the Anti-Patient Dumping Act Protects You from Negligence in the ER
In 1986, Congress passed the Emergency Medical Treatment and Active Labor Act (EMTALA). This law was a response to widespread reports of “patient dumping” by hospital emergency departments, who would turn away patients with serious, life-threatening conditions simply because they lacked health insurance or otherwise could not pay for treatment. In many cases, private… Read More »
When Is a Georgia Swimming Pool Operator Liable for User Injuries?
Swimming pools offer an important respite during long, hot Georgia summers. But swimming pools are also a potential safety hazard when constructed, maintained, or used improperly. For this reason, Georgia law imposes a number of regulations on both public and private swimming pool owners. These requirements include building a safe barrier, such as a… Read More »
How an Improper Left Turn Can Lead to DUI Charges in Georgia
Obeying Georgia’s traffic laws is about more than avoiding a possible ticket. It is also about making sure the police do not have an excuse to investigate you for possibly more serious crimes, such as DUI or drug possession. Keep in mind, many arrests for these types of offenses start out as “routine” traffic… Read More »
Can Double Jeopardy Stop Georgia from Prosecuting Your DUI?
The United States Constitution prohibits double jeopardy, i.e., trying a person twice for the same alleged crime. Among other things, this means that if you are tried and acquitted on a criminal charge, the government cannot prosecute you a second time on that charge. Georgia law provides an additional, statutory form of double jeopardy… Read More »
Can You Directly Sue an Insurance Company Following a Georgia Auto Accident?
Although insurance companies often pay the bulk of a personal injury judgment against an insured negligent driver, in most cases an accident victim cannot sue the insurer directly. For example, say you are rear-ended by another driver and require medical treatment for your injuries. To obtain compensation, you would file a personal injury lawsuit… Read More »
Georgia Court of Appeals Upholds $9.2 Million Wrongful Death Judgment
Compensation in a Georgia personal injury case is broadly divided into two categories: Economic damages and non-economic damages. The key difference between the two is that economic damages come with a price tag that is relatively simple to determine. For instance, if you are injured in a car accident, the sum of your medical… Read More »
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 »