ASK A BACKWOODS SOUTHERN LAWYER
“It’s not the things we don’t know that hurt us – it’s the things we know that ain’t so.”
Here are a few of the things that “everybody” knows, but, in reality, not necessarily true:
• I was recently arrested for drunk and disorderly; handcuffed, and taken to jail. The cop never read me my rights so I can get the whole case thrown
out of court – right?
Probably not. We’ve all seen this hundreds of times on t.v. and in the movies where the officer, as he is putting on the handcuffs, states, “You have
the right to remain silent, etc.”
In actuality, the police officer only has to advise you of what’s called “Miranda Rights” if they are questioning you concerning details of the alleged
crime. It is true that most police officers immediately advise a suspect of his rights in case the suspect says something incriminating during the
process of the arrest or because the officer, like so many others, really doesn’t understand the law applicable to this situation.
Even if they failed to advise you of your Miranda Rights and you make some incriminating statement that does not invalidate the arrest, it simply
makes your statement inadmissible. If they have other evidence besides what you said that is probable cause that you committed a crime, the arrest
and the charge are still valid.
• My husband and I are getting a divorce and he has admitted to adultery. That means I get everything and he gets nothing – right?
Not so fast. It is true that adultery is an absolute bar to alimony but Georgia, while not a community property state, nonetheless recognizes the
concept of marital property, which is property acquired during the term of the marriage. That is always subject to an equitable division regardless of
conduct so, in some cases, you actually can have your cake and eat it too.
• As I am approaching the intersection I realize that the traffic light is not working. That means I can proceed on through – right?
No, it’s still an intersection and no vehicle has the established right-of-way. Georgia law says that you are to treat an intersection controlled by a
non-working traffic device as if it were a four-way stop. You must stop and yield to traffic that is on your right or was at the intersection before you.
Just because a traffic light is not working does not mean you can ignore the rules of the road and go merrily on your way.
• I was helping a buddy repair his roof and fell and broke my arm. He has to pay my medical bills – right?
Not necessarily. There has to be negligence on his part or proof that he was aware of a dangerous condition that was not obvious to you. Just because
you are hurt on someone else’s property does not mean they are responsible. However, most homeowner’s policies have a thousand dollar medical
payments provision that pays regardless of fault. Your buddy should, therefore, contact his insurance agent or at least give you the agent’s name.
32 TYBEE BEACHCOMBER | NOV 2019
By Franklin Edenfield