Author Archives: Jay Butchko
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 »
Is Criticizing a Public Official on Facebook “Stalking”?
Stalking is a criminal offense in Georgia. State law defines stalking as following, placing under surveillance, or contacting another person without their consent for the purpose of “harassing and intimidating” them. A first offense for stalking is a misdemeanor, with any subsequent convictions are felonies. Additionally, a person who believes they are a victim… Read More »
When Can Georgia Prosecutors Use Surveillance Video Footage as Evidence?
We live in a society where video surveillance is just about everywhere, at least when it comes to public spaces. Many stores maintain such cameras in order to deter potential shoplifting. But can footage from such cameras actually be used as evidence in court? Georgia Appeals Court Upholds Armed Robbery Conviction A recent Georgia… Read More »
Can a Georgia Judge Remove a “Holdout” Juror Who Votes for Acquittal?
In any Georgia criminal case, the defendant has the right to a trial by jury. A key requirement of a jury trial is unanimity. Every juror must agree on the verdict. In the case of a hopelessly deadlocked jury, the judge can declare a mistrial, giving the state another chance to try the defendant…. Read More »