Recent Blog Posts
How the COVID-19 Pandemic Affects Georgia Medical Malpractice Claims
The COVID-19 pandemic had a widespread and devastating impact on Georgia’s healthcare system. At the beginning of the pandemic, in April 2020, Georgia Governor Brian Kemp issued an executive order formally declaring a “public health state of emergency.” Among other provisions, the executive order declared that “employees, staff, and contractors of healthcare institutions and… Read More »
Are DUI Roadblocks Legal in Georgia?
If you are out driving during a busy weekend or holiday, you may have found yourself stopped by the police at a DUI checkpoint. The purpose of these temporary roadblocks is to stop and briefly question drivers to see if there is any proof they are impaired and possibly operating their vehicle under the… Read More »
Can the District Attorney Withdraw a Plea Agreement If the Judge Imposes a Lighter Sentence?
Most Georgia criminal cases are resolved through a negotiated plea agreement between the defendant and the district attorney’s office. A typical agreement involves the defendant agreeing to enter a plea of guilty or no-contest to a reduced charge in exchange for a joint sentencing recommendation. The final agreement is then submitted to the trial… Read More »
How Exploiting a Software Bug Can Lead to Federal Fraud Charges
Fraud describes a number of criminal offenses where a person uses deception or trickery to obtain the property of another. This can include situations where a person deceives by lying about the nature of a proposed bargain. What matters is whether the person accused of fraud intended to deceive the other person. In addition,… Read More »
How DUI Can Lead to Child Endangerment Charges in Georgia
We all understand that drunk driving is reckless, irresponsible, and illegal. That is why Georgia law provides significant criminal penalties for anyone convicted of DUI. But the law also provides for additional and enhanced DUI penalties under certain circumstances, such as when a child was present in a vehicle operated by someone under the… Read More »
Can I Refuse a Police Search If I’m on Probation?
The Fourth Amendment to the U.S. Constitution normally protects a person’s right to be free from “unreasonable search and seizures.” This means that, absent certain exceptions recognized by the courts, the police must first obtain a warrant before searching you or your property without your consent. Such a warrant requires a magistrate to find… Read More »
Is It Still Theft If the Victim Gave You Their Property?
Criminal theft is often associated with armed robbery or shoplifting. But theft can also occur when the victim gives you their property without the threat of violence. For example, if someone gives you a valuable piece of jewelry for safekeeping and you later refuse to return it to them, that is still considered a… Read More »
Does a Criminal Prosecution Extend the Time to File a Personal Injury Lawsuit in Georgia?
You only have a limited amount of time to bring a personal injury lawsuit in Georgia. For most cases this period is 2 years from the date when the injury occurred. For example, if you are injured in a car accident that took place on February 1, 2022, you would have until February 1,… Read More »
How Does Having a Child in the Car Affect a Georgia DUI Case?
A drunk driving arrest is never a good thing. If convicted of a first DUI offense in Georgia, you face up to one year in jail, a fine of $1,000, and the suspension of your driver’s license for up to one year, among other penalties. And these consequences escalate if you have additional or… Read More »
Can You Be Charged with DUI If Your Car Was Parked?
When the average person hears the term “driving under the influence” (DUI), they may assume that the police can only arrest you on such a charge if the suspect was actually driving. In other words, the police officer must observe you actually operating your car on the road. Surely, a person could never be… Read More »