Author Archives: Jay Butchko
How “Criminal Attempt” Charges Work in Georgia
Can you be charged with a crime that was never carried out or completed? Absolutely. Georgia law refers to this as “criminal attempt.” Essentially, criminal attempt occurs when a person “performs any act which constitutes a substantial step toward” the commission of a crime. The state must prove three elements to convict a person… Read More »
Can You Sue the Federal Government for Medical Malpractice?
When a private physician’s treatment falls below the accepted standard of care and injures a patient, that is considered medical malpractice under Georgia law. The patient can sue that doctor (and their employer) in state court and seek compensation for their additional medical bills, lost income, and other economic and non-economic damages. But what… Read More »
4 Things You Need to Know About Georgia Car Accident Claims
Given the vast amount of traffic in and around the Atlanta area, it sometimes seems inevitable that all of us will get into an accident at some point in our lives. While that may not be statistically true, it is important for all drivers to be aware of their rights and responsibilities in the… Read More »
What Is “Theft By Conversion” in Georgia?
Theft broadly describes a number of criminal offenses where someone unlawfully takes the property of another. One of the more complex types of theft charges in Georgia is theft by conversion. This refers to a situation where a person initially obtains property lawfully–i.e., with the owner’s consent–but then “converts” that property to their own… Read More »
Is a Rap Video Admissible Evidence in a Georgia Criminal Trial?
A fair criminal trial must be based on evidence that is relevant to the case at hand. In general, prosecutors cannot introduce irrelevant or extraneous materials that are simply meant to portray the defendant in a bad light to the jury. And it is the role of the courts to ensure that does not… Read More »
Can Georgia Law Enforcement Demand Cell Phone Location Data Without a Warrant?
Modern smartphones make it possible to stay in touch with friends and family at all times. A downside to this, however, is that it also makes it possible for law enforcement to track our movements. As a result, there have been a number of key court rulings over the past decade regarding how and… Read More »
Are Georgia Doctors Vicariously Liable for Their Medical Students’ Malpractice?
Vicarious liability is a concept in Georgia personal injury law that holds a principal responsible for the negligent acts of an agent. To give a simple example, consider a truck driver who runs a red light and causes a traffic accident while making a delivery for her employer. Under vicarious liability, the victims of… Read More »
The Consequences of Giving a False Name to the Police
You always have a constitutional right not to answer questions asked by the police in connection with the investigation of a crime, or even a possible crime. But the right to remain silent is not a right to lie. You should never give false or misleading information to the police. Not only are most… Read More »
Why Residency Matters When It Comes to Filing a Georgia Personal Injury Lawsuit
In a Georgia personal injury lawsuit, an employer can be held legally responsible for a tort committed by an employee. This is known as vicarious liability. For example, if a driver is making a delivery for their employer in a company-owned vehicle, runs a red light, and hits a minivan, the employer is just… Read More »
How “Proximate Cause” Affects a Georgia Personal Injury Case
In a personal injury lawsuit, the plaintiff has the burden of establishing not just that the defendant was negligent, but that negligence was also the proximate cause of the plaintiff’s injuries. Put simply, proximate cause means that “but-for” the defendant’s actions, the plaintiff would not have been harmed. That harm must also have been… Read More »