What happens if you are caught shoplifting (30$) while on probation for a misdemeanor weed possession charge? 17 Answers as of November 03, 2012

I have steadily paid my probation officer for months, and I am a new mother to an infant. Any help would be appreciated.

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The Law Offices of John J. Carney Esq.
The Law Offices of John J. Carney Esq. | John J. Carney
If you commit a crime while on probation you could get a year in jail. If it is a shoplifting charge and your only prior was a a marijuana possession charge the judge may just continue probation or give you a 90 day jail sentence to teach you to obey probation terms. It is not a good decision to risk a year in jail for $30 worth of merchandise that you do not even need. You must learn to make better decisions in the future. If you retain a good lawyer you might be able to get probation with a fine.
Answer Applies to: New York
Replied: 11/3/2012
William C. Gosnell, Attorney at Law
William C. Gosnell, Attorney at Law | William C. Gosnell
11 months 29 days in jail. Hire a criminal defense lawyer ASAP
Answer Applies to: Tennessee
Replied: 10/28/2012
Timothy J. Thill P.C.
Timothy J. Thill P.C. | Timothy J. Thill
You will probably have a violation of probation filed against you for the new case. If found guilty of the new charge, the VOP will stick, and the judge will either extend your probation, add additional conditions to the probation, or sentence you to jail. I would strongly advise you to hire counsel, as a new bail will probably be imposed on you, and you may be spending some time in the gray bar hotel. A lawyer might be able to keep you out of jail.
Answer Applies to: Illinois
Replied: 10/28/2012
Law office of Robert D. Scott | Robert Scott
Your probation could be revoked and you could go to jail.
Answer Applies to: Maryland
Replied: 10/28/2012
Law & Mediation Office of Jeffrey L. Pollock, Esq.
Law & Mediation Office of Jeffrey L. Pollock, Esq. | Jeffrey Lawrence Pollock
You already have a Technical Violation and/or you will soon be a Convicted Violator that will likely subject you to (re-)sentencing on both incidents.
Answer Applies to: Pennsylvania
Replied: 10/27/2012
    Dennis P. Mikko Attorney at Law | Dennis P. Mikko
    Engaging in criminal activity while on probation is a violation of probation as well as a new criminal charge. By engaging in new criminal activity, you run the risk of additional punishment for the probation violation. There will also be punishment if convicted of the new charge. Since this is a second offense and was committed while on probation, the chances of you serving some time in jail greatly increases.
    Answer Applies to: Michigan
    Replied: 10/27/2012
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    Violation of probation and jail.
    Answer Applies to: Nevada
    Replied: 10/27/2012
    Hamblin Law Office | Sally Hamblin
    Regardless of infant, you have shown to break the law once again. Your sentence will depend on the probation officers recommendation. Perhaps you should tell your probation officer you are willing to seek counseling.
    Answer Applies to: Michigan
    Replied: 10/26/2012
    The McDonnell Law Firm, PLLC
    The McDonnell Law Firm, PLLC | Patrick J. McDonnell
    Make sure you notify your probation officer. It is always worse when probation finds out on their own. You CAN be violated if it violates the conditions of your probation, which I'm sure it must. That would be up to your probation officer.
    Answer Applies to: New York
    Replied: 10/26/2012
    Gates' Law, PLLC | Thomas E. Gates
    You have two issues to confront. Your new charge, but worst your charge that you are on probation for. One of the requirements of your sentencing was not to have further law violations. Because you did, expect additional sentencing terms for the initial offense.
    Answer Applies to: Washington
    Replied: 10/26/2012
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    You will have a violation of probation (VOP) hearing, where the judge will hear the evidence about you violating your probation with a new offense. After the hearing, IF the judge has found that you violated your probation the PO will make a recommendation. In your case, I suspect there will be jail time.
    Answer Applies to: Georgia
    Replied: 10/26/2012
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    You can get violated and go to jail on the weed charge for picking up a new case. Get a lawyer.
    Answer Applies to: Michigan
    Replied: 10/26/2012
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    You need to get a lawyer, because you now have a new charge and the probation case is likely to be subjected to revocation.
    Answer Applies to: Nebraska
    Replied: 10/26/2012
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    When on probation any charges you pick up will be a violation of your probation. You could be held in custody until your probation violation hearing. At your hearing you will be asked if you admit the violation. If you admit the violation your probation will be revoked. If you do not admit the violation the DA will put on his evidence that you violated and the judge will decide if the evidence is enough to find you in violation. If in violation the judge may revoke your probation and reinstate it or revoke it and sentence you to the time remaining on your suspended sentence. On the petty theft you could do up to a year in county jail. However, most likely you will receive probation on that.
    Answer Applies to: California
    Replied: 10/26/2012
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    If the court on the weed charge finds out, it can revoke all or part of your suspended sentence and put you in jail.
    Answer Applies to: Washington
    Replied: 10/26/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    A warrant for your arrest for violation of probation will be issued, and you have to face the new charges as well. You could spend the rest of the probationary period in jail. If it is a first time petit theft with no prior convictions of petit theft, you might be looking at a deferred prosecution agreement. You should hire private counsel and not rely upon the system to defend you.
    Answer Applies to: Florida
    Replied: 10/26/2012
    Mace J. Yampolsky, LTD
    Mace J. Yampolsky, LTD | Mace Yampolsky
    You could do jail time, hire a lawyer.
    Answer Applies to: Nevada
    Replied: 10/26/2012
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