Author Archives: Jay Butchko
Georgia Sex Offender Registration and the “72-Hour” Rule
In Georgia, a sex crimes conviction will follow you long after you serve any prison sentence. Every state has certain requirements for people convicted of specified sex offenses to register as “sex offenders.” Under Georgia law, just about anyone convicted of a “dangerous sexual offense” in any state must register if they live in… Read More »
Federal Judge Allows Lawsuit Against Savannah Officer Accused of Fabricating DUI Evidence
Under Georgia law, a person is guilty of DUI if they are in “actual physical control of any moving vehicle while … [u]nder the influence of any drug to the extent that it is less safe for the person to drive.” This can include either prescription or illegal drugs. But as with DUI cases… Read More »
How “Reasonable Inspection” Policies Can Affect a Georgia Slip-and-Fall Case
Retail establishments such as supermarkets have a duty under Georgia law to keep all public areas of their premises in reasonably safe condition. If a customer is injured due to a store’s failure to meet this duty, the owner can be held legally responsible for the customer’s injuries, including any non-economic damages like pain… Read More »
Does Assault Require an Actual Injury to the Victim?
In Georgia, the crime of simple assault occurs when someone “attempts to commit a violent injury” to another person or commits any act that “places another in reasonable apprehension of immediately receiving a violent injury.” Simple assault is legally distinguishable from aggravated assault, which is an assault committed with an “object, device, or instrument”… Read More »
Former Alpharetta Office Manager Sentenced to 6 Years in Prison for Embezzlement
Embezzlement is a term used to describe the intentional misappropriation of funds entrusted by one person to another. While embezzlement is a non-violent crime, it is still prosecuted quite harshly, especially at the federal level. Indeed, it is possible to receive a decades-long sentence in federal prison for embezzlement. Prosecutors: Defendant Stole Over $8.5… Read More »
The Challenges in Identifying a Hit-and-Run Driver
Following any motor vehicle accident, the drivers involved are expected–and required by law–to stop and exchange contact and insurance information with one another. Of course, we all know there are hit-and-run accidents where one of the drivers does not stop and instead keeps going. In some cases the hit-and-run driver may be honestly unaware… Read More »
Why It Matters When a Lyft or Uber Driver Hits You
The popularity of ridesharing apps like Uber and Lyft in the Atlanta area have given rise to a whole host of new legal problems. Among them is how to deal with liability for auto accidents caused by Uber or Lyft drivers while they are “on the clock.” For example, say a Lyft driver is… Read More »
Is It Still Armed Robbery If the Victim Never Saw the Gun?
Armed robbery is one of the more serious theft offenses you can be charged with in Georgia. Under state law, a conviction for armed robbery carries a minimum prison sentence of 10 years and a maximum of life imprisonment. Conviction itself requires the state to prove, beyond a reasonable doubt, that the defendant took… Read More »
Do Police Need Separate Warrants to Test for Alcohol and Drugs in a Georgia DUI Case?
There is more than one way to commit a DUI in Georgia. Although we commonly associate DUI with drunk driving, operating a motor vehicle under the influence of alcohol is just one way to break the law. It is also illegal to operate a motor vehicle under the influence of “any drug” to the… Read More »
Is the Accuser’s Testimony Enough to Convict a Person of Rape in Georgia?
When it comes to felony sex crimes like rape, there are still some misconceptions about what Georgia law requires for a conviction. For instance, some people still assume that a jury cannot convict a defendant of rape based solely on the alleged victim’s testimony. That is not true. Another myth is that a jury… Read More »