Category Archives: Criminal Defense

Finding constructive solutions to difficult legal challenges

If your probation officer says that you’ve violated the terms of your probation, you may face some serious penalties, including jail time. To defend yourself against these charges and receive the sound legal representation you need, work with the knowledgeable Marietta criminal defense lawyers at Nicholson Phillips. We have served clients across northern Georgia for more than two decades, delivering on our promise of ethics, diligence and exceptional conduct with each case we take on. For a dedicated attorney who fights for your constitutional rights, call on our respected law firm.

What are the common probation violations?

When a court of law mandates probation as a penalty for a criminal conviction, you need to adhere to strict policies and meet regularly with a court-assigned probation officer. Some of these requirements can be confusing, and many people violate the terms of their probation without even realizing it. A criminal defense lawyer can help with these matters, helping you better understand your probation terms and represent you if face a revocation hearing.

The following are some of the most common ways individuals violate probation:

Missing scheduled meetings with probation officers

Failing drug tests if your probation terms require you to refrain from using drugs

Traveling out of the state or making plans to do so

Violating curfew requirements

Failing to perform required community service or drug/alcohol treatment programs

Associating with prohibited individuals or violating restraining orders

Getting arrested for another crime

Penalties for probation violation

There are some serious consequences for probation violations, including up to one year incarceration in a jail or prison, mandatory time served in a probation detention center (usually three to six months) and fines. You may also receive additional requirements from the court, including drug or alcohol treatment programs, anger management counseling and drug screening.

If you are accused of violating the terms of your probation, you will have the opportunity to plead your case in a hearing. Just like a typical court hearing, the prosecutor will present evidence of the violation, and you and your defense lawyer will be able to dispute this evidence, present your own evidence and call witnesses, if necessary. The decision of whether or not a violation has occurred is up to the presiding judge, and you do not have the right to a jury trial. It is possible to appeal the judge’s ruling, however.

Strong representation for burglary, robbery, shoplifting and more

Being arrested on theft charges can put your entire future on the line. For the representation you need during this difficult time, turn to our law firm. Since 1990 we have served clients facing many types of criminal charges, providing excellent service and personal attention. Our criminal defense lawyers have years of experience and have dealt with all facets of the justice system, and we leverage our knowledge to offer you the best legal options available.

What is a theft crime?

Theft is generally any crime in which one individual illegally takes the property of another person with the intention of depriving that person of the items in question. This is a very broad definition, and therefore there are many different acts prosecutors and the criminal justice system may consider theft. The following are some of the most common types of theft:

Shoplifting. Law defines shoplifting as taking merchandise without paying for it, thereby depriving the business of that property.

Burglary. This offense involves an individual illegally entering a building with the intent to commit a criminal act. To convict, prosecutors often simply need to prove breaking and entering, even if no actual theft of property occurred.

Robbery. If you’re accused of using force or the threat of force to deprive someone of property, you may face robbery charges. Offenses involving the actual or implied use of weapons may be classified as armed robbery.

White collar crimes. Many white collar crimes, including fraud, embezzlement and money laundering, may involve forms of theft.

Services theft. State law recognizes the theft of services, such as lodging, consulting services and entertainment. In these cases, the accused must have attained these services with the intention to avoid paying for them.

Your options after shoplifting charges

You can be charged with either a misdemeanor or felony offense depending on the value of the stolen property, and the penalty may include both jail time and fines.

If the value of the property is less than $50, you can be charged with a Class C misdemeanor punishable by fines up to $500.

If the value of the property is $50-$500, you can be charged with a Class B misdemeanor punishable by up to 180 days in jail and fines up to $2,000.

If the value of the property is $500-$1,500, you can be charged with a Class A misdemeanor punishable by up to one year in jail and fines up to $4,000.

If the value of the property is $1,500-$20,000, you can be charged with a state jail felony punishable by 180 days to 2 years in a state penitentiary and fines up to $10,000.

If the value of the property is $20,000-$100,000, you can be charged with a third degree felony punishable by 2-10 years in jail and fines up to $10,000.

If the value of the property is $100,000-$200,000, you can be charged with a second degree felony punishable by 2-20 years in jail and fines up to $10,000.

If the value of the property is more than $200,000, you can be charged with a first degree felony punishable by 5-99 years in jail and fines up to $10,000.

f this was the first time you’ve been arrested for shoplifting, you may be able to take advantage of alternatives to incarceration, including pretrial diversion programs. In many situations, a skilled criminal defense attorney can seek these alternatives on your behalf, helping to avoid jail time or huge fines.