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.

Compassionate and aggressive advocacy for the families of wrongful death victims

Wrongful death cases pertain to the loss of a loved one due to the negligent or willful act of another, including criminal behavior. our wrongful death lawyers have nearly 30 years of experience providing steadfast legal support to families in these emotionally charged lawsuits. We help family members recover wrongful death damages and other compensation for the senseless loss of their loved one.

Understanding wrongful death law

No amount of money can truly compensate families for the loss of a loved one, but we can help them move forward when they lose loved ones in fatal construction and workplace accidents and fatal car and truck accidents. We also handle cases involving medical malpractice fatalities. Our firm is often able to obtain compensation in a settlement or by verdict for death and burial expenses and emotional pain and suffering.

We help you and your family navigate the complex wrongful death statutes and laws by addressing the following issues:

Eligibility for filing a claim —In Texas, the parents, the children and the spouse of the deceased may file a wrongful death claim. A child may seek compensation in relation to a parent’s death even if he or she is over the age of 18. In Texas, the deceased’s siblings and grandparents are not allowed to file a wrongful death claim.

Types of damages — Qualified survivors can pursue claims representing the full financial value of the life of a decedent. This includes the income anticipated over a lifetime. The court also considers the remaining family members’ diminished quality of life. Additionally, the estate administrator can pursue compensation for medical and funeral expenses and the pain and suffering experienced by the victim because of the injuries.

Time limits for filing claims — Texas holds a strict statute of limitations when it comes to personal injury cases, including wrongful death. Families have two years to file a claim after the date of death.

There are a couple of exceptions to this. Firstly, if a child’s parent dies before he or she is 18, the two years will begin when the child does turn 18 and is legally able to file. Secondly, sometimes it’s not known until much later that a person died due to negligence. If this is the case, the two year statute of limitations begins once negligence is established as the culprit. Individuals who believe they may have a valid claim should enlist the advice of an experienced wrongful death attorney as soon as possible to pursue the benefits they deserve before the statute of limitations runs out.

Representing victims of occupational fatalities 

We are compassionate advocates for victims of fatal work accidents, and their families. It is never easy to lose a loved one. But when a family member is taken from you too early because an unsafe environment led to a fatal construction accident or other workplace incident, the loss is even more tragic. You may be left wondering if the accident could have been prevented and, more importantly, who is responsible. When you need a trustworthy attorney to represent you in a wrongful death claim, we can help you obtain compensation for death and burial costs, loss of family income, medical bills, and emotional pain and suffering, such as loss of companionship and diminished quality of life.

Statistics about fatal work accidents

Every year, the U.S. Department of Labor, through the Occupational Safety and Health Administration (OSHA) and the Bureau of Labor Statistics, compiles, analyzes and releases data about workplace fatalities and injuries by state and nationally to monitor and increase workplace safety and health standards.

The most recent report available from OSHA includes the following data:

National workplace fatalities

5,147 workers died on the job in 2017 (3.5 per 100,000 full-time equivalent workers) — on average, more than 99 a week or more than 14 deaths every day.

Workplace fatalities

971 or 20.7% were in construction — that is, one in five worker deaths last year were in construction. The leading causes of private sector worker deaths (excluding highway collisions) in the construction industry were falls, followed by struck by object, electrocution, and caught-in/between. 

Obtaining compensation

When you lose a family member in a fatal work accident, you may be able to obtain certain benefits via workers’ compensation, particularly if your loved one worked in construction. However, if you suspect that the workplace accident that killed your loved one occurred due to lack of safety compliance, gross negligence or intentional wrongdoing, it is best to consult with an attorney regarding your options for litigation. A settlement or verdict may provide you with additional compensation.