What Happens if I Violate My Probation?

Probation is an alternative to imprisonment that may be imposed after a guilty plea or criminal conviction. It allows individuals to remain in their community under certain conditions, typically under the supervision of a probation officer. If you are on probation, it is important to know exactly what is required to avoid a violation. Criminal defense lawyers can help you understand your rights and assist you if you are found to be in violation of your probation.  

Types of Probation in PA

There are several types of probation in Pennsylvania, including:

• Unsupervised / Informal Probation – This type of probation is granted to low-risk offenders—either in-person or via telephone.

• Supervised Probation – Offenders are required to periodically report to a probation officer.

• Community Control – Typically involves the use of a GPS ankle tracker while on house arrest, commonly referred to as Electronic Home Monitoring.

• Shock Program – Offenders first serve a short jail sentence and are then placed on probation. This is intended to “shock” them into compliance with probation terms, or to prevent the commission of future offenses.

• Intensive Supervision – This type of probation is very structured and involves rigorous supervision, programs, and costs.

There are several factors that can affect the terms of probation, including the type of crime and whether a sentence is imposed by federal, state, or county courts. Regardless of which type of probation you may be serving, violations of terms can have serious consequences. 

Probation Violations

Different jurisdictions have varying standards for what constitutes a probation violation. There are two types of general probation violations in Pennsylvania: technical violations and criminal offenses.

Technical violations occur when an offender fails to meet the terms and conditions of their probation. Terms of probation may include:

• Contacting your parole officer as scheduled

• Drug and alcohol testing

• Notifying your probation officer about changes in employment and where you live

• Remaining employed or in school

• Finishing mandatory drug or alcohol counseling

• Paying fees, fines, and restitution

If you are arrested for a crime while on probation, it is considered an automatic violation and your probation officer can arrest you immediately, or lodge a “detainer” if you are already incarcerated. You are entitled to a probation hearing in which you can have an attorney to represent you. A judge can modify the terms of your probation or decide on another course of action, such as incarceration.

For example, if you are on probation for contempt of court because you failed to pay child support, you may face jail time if you miss payments. A child support lawyer can help you understand the terms of your probation so you can take care to avoid any violations.

What if I Violate My Probation?

Many factors can have an impact on what happens if you violate your probation, including the severity of the crime, whether it is your first violation, and other issues. Depending on the circumstances, a judge may:

• Revoke probation and require you to go to jail for the remainder of your sentence

• Revoke probation and add another sentence, up to the maximum for your original crime

• Extend your probation

• Modify your probation terms to include more sever supervision

• Require mandatory enrollment in counseling or a drug and alcohol rehabilitation program

• Order additional community service

Probation violations can have a ripple effect that can impact your employment, family, and other aspects of your life. If you are dealing with custody issues due to a violation of probation or a Protection from Abuse order (PFA), it is critical to contact a child custody attorney right away.

Whether you need assistance with criminal charges, a probation violation, or are trying to find a divorce lawyer, our experienced team can help.

This blog was originally posted on https://pa4law.com/what-happens-if-i-violate-my-probation/

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The Tragic Impact of Anesthesia Awareness on a Patient and His Family

Anesthesia is a modern miracle that has had an impact on millions of lives since its invention in 1846. However, there are risks involved when a patient undergoes anesthesia. One of these risks is anesthesia awareness, which can occur when a patient wakes-up during surgery. This kind of event can be very traumatic and even led to the tragic death of a West Virginia pastor, leaving his family stunned and heartbroken. If you or someone you love has suffered the effects of anesthesia awareness, having your case evaluated by good medical malpractice lawyers is vital. 

How Does Anesthesia Awareness Happen?

When you have surgery, two types of anesthesia are usually administered. First, a paralytic is administered, which leaves you completely unable to move. The second type that is administered is designed to prevent pain and cause a loss of consciousness. Typically, patients’ eyes are taped shut during surgery as well, which means that if they wake-up during surgery, they cannot move and are unable to alert anyone that they are conscious of what is happening. If the paralytic works, but the anesthesia that is supposed to render a patient unconscious does not,  the patient may feel everything that is happening, but be unable to do anything about it.  

Is Waking Up During Surgery a Common Occurrence?

According to the Joint Commission on Accreditation of Healthcare Organizations, studies show that anesthesia awareness may happen in 0.1 percent to 0.2 percent of surgeries involving general anesthesia in the U.S. Half of all patients who experience anesthesia awareness report mental distress after their procedure. Many suffer from conditions such as PTSD, anxiety, depression, nightmares, and other long-term psychological effects. 

Sherman Sizemore’s Story

In 2006, Sherman Sizemore underwent exploratory surgery to determine the cause of recurring abdominal pain. The paralytic was effective, but the inhalational anesthesia was not. He was unable to move or speak and felt everything that was happening to him. Because his eyes were taped shut, he couldn’t see, which was likely terrifying. 

The medical team didn’t know that Mr. Sizemore was awake until 16 minutes into the surgery. They gave him an amnesia-inducing drug after they realized what occurred and did not inform him that he had been awake during part of the procedure. Although Mr. Sizemore was unable to remember exactly what happened, he knew something was wrong. 

Shortly after surgery, Mr. Sizemore began having panic attacks, insomnia, and nightmares. He also believed that people were trying to bury him alive. At 73 years old, he’d never had any psychological issues before the surgery. Tragically, two weeks after the operation, he committed suicide. In this type of situation, the best medical malpractice lawyers in Pennsylvania would likely recommend that the family consider bringing a wrongful death lawsuit against any negligent medical providers. 

The Family Takes Action

After the loss of their father, Mr. Sizemore’s daughters filed suit against Raleigh Anesthesia Associates. In their lawsuit, Mr. Sizemore’s family claimed that he was awake and felt agonizing pain during surgery. They reported that after the operation, he began behaving strangely – he complained of being unable to breathe, and although he was afraid to be left alone, refused to see his grandchildren. The lawsuit also alleged that Mr. Sizemore was plagued by doubt, wondering if he had imagined the excruciating pain. If Mr. Sizemore had been properly informed about what had happened during his surgery, he may have been able to get the psychological help needed. Their wrongful death claim was settled confidentially in 2008.

If you or a loved one has been affected by anesthesia awareness, our malpractice lawyers in West Chester, PA can help. Our experienced medical malpractice attorneys in Chester County, PA serve clients in Delaware County and other Pennsylvania counties as well. 

This blog was originally posted on https://pa4law.com/tragic-impact-anesthesia-awareness-patient-family/

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How a DUI Can Affect Your Professional License

Earning a professional license takes years of hard work, dedication, and costly education. Whether you work in health care, public service, transportation, or another occupation, your professional license could be in jeopardy if you are convicted of a DUI. Experienced criminal defense lawyers understand that your livelihood may be on the line, so it is critical to find one right away if you have been charged with a DUI. They can provide an aggressive defense that may help you get charges reduced or dismissed, which in turn can eliminate or lessen the impact that a DUI can have on your career and reputation. 

Professions that Can Be Impacted By a DUI Conviction 

Commercial Vehicle Drivers

If you have a commercial driver’s license (CDL), you can be charged with a DUI if your blood alcohol content (BAC) is .04% or higher. The penalties for CDL drivers are stiff – depending on the circumstances, you could lose both your CDL and personal driver’s license for years. If it is your second DUI offense, you may lose your CDL permanently.  If you are involved in an accident while under the influence, a car crash injury lawyer can use this information against you in any claims or lawsuits that may arise. 

Doctors

Typically, a physician who is convicted of a DUI must appear in front of his/her state’s medical licensing board. In Pennsylvania, if you are charged with or convicted of a DUI, you have 30 days to notify the Pennsylvania State Board of Medicine. If you fail to report a DUI conviction or the board determines that you are unfit to practice medicine, you can lose your license. Your medical malpractice insurance may also increase.

Dentists

When dentists apply for or renew their dental license, they must report any DUI convictions. The PA State Board of Dentistry reviews each case and determines consequences on a case-by-case basis. 

Nurses

In Pennsylvania, licensed RNs, LPNs, CRNPs, LDNs, and CNSs must notify the State Board of Nursing of pending criminal charges and a DUI plea, conviction, or participation in ARD (Accelerated Rehabilitative Disposition). Failure to disclose a DUI conviction to the Board can result in a loss of your nursing license.

EMTs

Emergency Medical Technicians must report a DUI arrest and/or conviction to the Pennsylvania Department of Health which then has the right to revoke your EMT license. If you are applying for an EMT certification, and have been convicted of DUI within the previous four years, you may not be able to become certified at all.

Pharmacists

The Pennsylvania Board of Pharmacy may question your judgment, character, fitness, and ability to serve the public as a licensed pharmacist if you are convicted of a DUI or complete an ARD program due to alcohol and/or drug charges. Although each situation is assessed on a case-by-case basis, if you are convicted of a felony, you may lose your license permanently.  

Pilots

The Federal Aviation Administration and the Civil Action Security Division require licensed pilots to report a DUI conviction within 60 days. If you don’t, your pilot’s license can be suspended or revoked.

Other Professionals that Can be Affected by DUI Charges

Police officers, firefighters, teachers, and other public service workers may be disciplined for DUI convictions as well. Each municipality and school system handles these matters in its own way. Attorneys and accountants also run the risk of their professional license being suspended or revoked if they are convicted of a DUI. 

Regardless of what you do for a living, if you have been charged with a DUI, it is critical to seek the counsel of an experienced DUI defense attorney who will fight for your rights.

This blog was originally posted on https://pa4law.com/how-a-dui-can-affect-your-professional-license/

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Wrongful Death Due to Air Embolism. Do You Have a Malpractice Case?

A somewhat rare occurrence, air embolisms are typically preventable when proper precautions and procedures are followed. Unfortunately, sometimes health care providers and facilities are not as careful as they should be, which can lead to tragic results. If someone you love passed-away due to an air embolism, finding good medical malpractice lawyers to evaluate your case is vital. Although no amount of money can bring back your loved one, an attorney can determine whether you have a viable wrongful death claim and advise you of your options.

What Is an Air Embolism?

An air embolism occurs when air bubbles enter the bloodstream and block a vein, artery, or blood vessel. When these air bubbles travel to your brain, heart, or lungs, it can cause heart attack, stroke, brain damage, respiratory failure, or other serious conditions. In some cases, air embolisms causes death.

Causes of Air Embolisms

Air can get into veins and arteries in several ways, usually during an injection, surgery, or while an IV is being placed. In a medical setting, an embolism may be caused by:

• Holes in tubing or catheters

• Defective tubing or catheters

• Improper priming of IV tubing

• Improper insertion or removal of an IV line

• Direct injection of air into a vein

• Defective heart stent

• Open heart surgery

• Blood transfusion

• Medication complications

If there is trauma to the lungs, ventilator-induced pulmonary embolisms can occur when a ventilator forces air into a damaged vein or artery. Because they provide direct access to the venous system above the heart, IV lines in jugular veins can also be a risk for air embolism. For an air embolism to develop from a central IV line, a sufficient amount of air must enter the system. Medical malpractice lawyers in Chester County, PA often employ medical experts who know how to determine whether an air embolism was involved in a patient’s death.

Preventing Air Embolisms

Physicians, nurses, and other health care professionals are trained to prevent air embolisms and to monitor patients to detect symptoms of embolisms during surgeries and other medical procedures. For example, patients are more likely to suffer from an air embolism if they are in a sitting position during an IV procedure, so proper positioning is vital. A pulmonary artery catheter or ultrasound can be used to detect air bubbles during surgery, and using an air occlusive dressing when a line is removed can help prevent air embolism.

How Do You Know If You Have a Case for Wrongful Death?

If you believe the negligence of a health care provider or facility caused your loved one’s death, seek the counsel of medical malpractice lawyers in Chester County, PA.  In most cases, air embolisms are preventable. However, you still have to prove negligence in a medical malpractice or a wrongful death claim. There must be evidence that a health care professional or facility provided substandard care, caused the embolism, failed to diagnose it, or failed to properly treat the condition.

An air embolism can sometimes be identified when reviewing medical records, especially if a CT scan was performed after symptoms appeared. The best medical malpractice lawyers in Pennsylvania understand how to properly investigate these types of cases. They typically enlist medical experts, review medical records, gather witness testimony, and thoroughly investigate the circumstances of the death to put all the pieces of the puzzle together.

Do you need help determining whether you have a medical malpractice or wrongful death claim? Our malpractice attorneys in Chester County, PA can evaluate your case and advise you of your options.

This blog was originally posted on https://pa4law.com/wrongful-death-due-to-air-embolism-do-you-have-a-malpractice-case/

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What to Do If Your Co-Parent Won’t Follow a Child Custody Agreement

When couples split up, some of the most contentious issues involve their children. Although many parents try to make custody and visitation agreements work, sometimes they just cannot get on the same page. The best child custody lawyers know that when dealing with someone who refuses to follow a parenting plan or child custody order, it’s important to put your children’s best interests at the forefront. Taking these steps can help protect your rights and reinforce the terms of your custody order. 

Document Everything  

Whether your co-parent frequently brings your child home late or you’re dealing with a more serious matter like being denied access to your kids, proper documentation is crucial. Keep a calendar of scheduled parenting time, school events, appointments, and other items. Writing down what may seem like insignificant details can help make your case to modify or enforce a custody agreement. Be sure to keep a record of:

• Failing to pick-up or return the children on time 

• Cancelations and missed parenting time

• Failing to inform you about important events or issues

• Badmouthing you to or in front of your children

• Drug and alcohol use

• Disputes about education or health care

It’s also a good idea to save screenshots of evidence such as social media posts, texts, DMs, emails, and other communications related to your children and parenting plan. Good child support lawyers also advise documenting missed child support payments and other financial matters such as job and income changes. 

Address Issues Outside of Court

Communication is key when it comes to creating a successful parenting plan. Sometimes a parent’s behavior is unintentional, so it’s best to talk with your co-parent before taking any legal action. If this avenue has been unsuccessful, contact your attorney and ask him/her to write a letter that outlines why you believe your ex is not following your agreed-upon parenting plan. 

In some cases, formal mediation or other alternative dispute resolution methods may be necessary to sort- out custody issues. A formal court hearing can end up being quite costly and time consuming. Settling child custody disputes outside of the courtroom can be much more expedient and less expensive. Any agreement you reach can then be authorized and ordered by the court. If you don’t have a lawyer, find an affordable divorce attorney  to assist you with mediation to ensure that your rights are protected. 

File a Motion for Contempt

If all else fails, your attorney can file a motion for contempt with family court. That way, your co-parent will be forced to address the issue and explain to a judge why he/she is violating your existing custody agreement. Providing a well-documented proof of a pattern of behavior can also help the judge get a better understanding of exactly what is going on. 

If you need help with enforcing a parenting plan, our custody lawyers in Chester County, PA can help. It is also a good idea to consult a family estate planning attorney after any major life event such as divorce, marriage, or the birth of a child.

This blog was originally posted on https://pa4law.com/what-to-do-if-your-co-parent-wont-follow-a-child-custody-agreement/

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Updating Your Estate Plan After Divorce

Divorce often involves a lot of change in a short period of time, so it can be easy to overlook important issues like updating your estate plan. If you’ve recently been divorced, you’ll need a lawyer to draw-up your Will, draft updated powers of attorney, and help make other adjustments to your estate plan that reflect your goals and wishes for this new stage of your life. 

Write a New Will

Your family estate planning attorney will most likely recommend that you start fresh after your divorce and create a Will that names a new executor. This ensures that your previous Will is revoked and can eliminate confusion and conflict in the event of your passing. 

Revisit Guardianship of Minor Children

If you are co-parenting and on good terms with your former partner, you may have agreed to keep guardians for minor children as they are. If you want to change who you specify as guardian in your estate plan, the best divorce lawyers in Delaware County, PA advise clients to discuss it with their family law attorney and estate planning lawyer before making any revisions. Any custody or guardianship decisions that are specified in your divorce settlement agreement must be taken into consideration.

Update Your Advance Directive and Powers of Attorney

Most married couples designate their spouse to make health care and end-of-life decisions for them. If your divorce was amicable and both parties agree to maintain the status quo, you don’t have to change anything. However, if you are concerned about who should make these decisions in the event of your incapacitation, it’s important to change the agents you named in your power of attorney for health care and advance directive. The same goes for power of attorney for finances. You can revoke powers of attorney at any time, including during the divorce process. An attorney can ensure that that existing powers of attorney are properly revoked and help you create new ones. 

Name New Beneficiaries

It’s also essential to update beneficiaries on the following:

• Life insurance policies

• IRA, 401(k), pension, or other retirement accounts

• Bank accounts

• Investment accounts

• Real estate with transfer-on-death deeds

• Vehicles with named transfer-on-death beneficiaries

Any accounts you have that require the naming of a beneficiary should be updated after your divorce. 

Update Trusts

Top probate lawyers often recommend a revocable living trust as part of an estate plan, which can allow an estate to avoid probate. If you and your ex-spouse had a joint trust, assets held in it may have been divided in your divorce. In this case, your trust may have already been revoked or dissolved. Regardless, it’s important to make sure you create a new trust or update beneficiaries of any trusts you have to reflect your wishes. 

If you’re splitting-up with your spouse or need assistance with sorting-out estate planning after your divorce, an affordable divorce attorney can help you understand your rights and protect your interests.

This blog was originally posted on https://pa4law.com/updating-your-estate-plan-after-divorce/

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How Posting On Social Media Can Jeopardize Your Personal Injury Claim

Although it provides benefits like keeping in touch with loved ones who are far away, social media can work against you in a personal injury claim. Personal injury lawyers in Chester County PA advise clients to limit social media posts or deactivate their accounts until after a claim is settled. Here are some common reasons why. 

Social Media Posts Are not Private – They Can Be Used As Evidence

Anything you post on the internet should be considered public, even if you set-up your accounts with strict privacy controls. Insurance companies and their lawyers are always looking for reasons to deny or minimize personal injury claims. They scour injured victims’ social media accounts to find anything to discredit their claims or downplay their injuries and losses. 

Photos, posts, and comments from friends and family are also fair game in a personal injury lawsuit. For example, you may make an innocuous post with a photo of a beautiful mountain where you once hiked. If a family member comments on it and says something like “I bet you’ll be traveling after you get your huge settlement,” it can portray you in a negative light and give the defense fodder to impugn your character. Any accident or injury lawyer will tell you to be to be extremely cautious about what you and your loved ones put out there for the world to see. 

You May Contradict Yourself

It is important not to post any information or commentary at all about your accident, injuries, or claim. Regardless of what you write, your words may be twisted to make it appear like you are just in it for the money or faking your injuries. 

Without even realizingt, you may contradict claims that you made about the accident or the severity of your injury. For instance, if you suffered whiplash in a car accident and post about going golfing on social media, an insurer or their attorneys may use it to challenge the validity or severity of your injuries. 

Check-Ins Can Hurt Your Case

Check-ins on Instagram, Facebook, Twitter, and other social media sites can also show that you are doing things that would not be possible if your injuries are as serious as you claim. Something as simple as taking your kids to an amusement park and checking in can jeopardize your case, even if you do not participate in activities while you are there. If your Pennsylvania personal injury lawyer advises you not to check in on social media, it isbest to heed their warning. 

Deactivating Your Social Media Counts is Best

Your injury lawyer will most likely advise you to deactivate your accounts until your case is completed. If you must use social media, refrain from posting anything personal. Limit your use to liking other people’s posts and sharing news articles, silly memes, funny animal photos, and other harmless items. Avoid commenting on others’ posts. Make sure to ask friends and family not to tag you in photos or mention anything about your accident, injuries, or case. All your social media settings should be set to private. 

If you or a loved one has been hurt in an accident, our personal injury lawyers in Chester County PA can advise you of your options and help you recover the compensation you deserve.

This blog was originally posted on https://pa4law.com/how-posting-on-social-media-can-jeopardize-your-personal-injury-claim/

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