What happens if you commit burglary while on probation? 6 Answers as of March 21, 2011

What will happen if you steal a phone while on formal probation?

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The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
If the DA can prove it, you probably go to jail. Depending on the nature of the burglary. If it is of an inhabited residence, you go to prison except in unusual circumstances.
Answer Applies to: California
Replied: 3/21/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
You are in serious trouble. If you are on felony probation you can be held without bail on the probation violation alone even before your new burglary case is adjudicated. In addition, even if you beat the new burglary case, you can still be violated because the burden of proof on a probation violation is less than proof beyond a reasonable doubt. Find a good lawyer.
Answer Applies to: California
Replied: 3/21/2011
Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
You will be arrested and have a probation violation hearing. If you are found in violation you can be sent to state prison or county jail to Finnish your sentence of your probation case. Or you could be found guilty of the new case and be sentenced on that. This will depend on the evidence against you.
Answer Applies to: California
Replied: 3/17/2011
Law Office of Joseph A. Katz
Law Office of Joseph A. Katz | Joseph A. Katz
Well, it depends upon whether you get caught, or not! Committing further crimes while on formal probation (i.e., for a felony), especially ones that can be charged as either misdemeanors or felonies ('wobblers') is risky and imprudent behavior, indeed. What happens depends upon a number of things: how good your lawyer is, what the practices are of the County in which you are on probation and how harsh the Courts are there, the amount of the loss (a phone is generally a low level of loss), whether the phone was retrieved, whether you paid restitution, etc. It is likely that you will be able to admit a violation and be reinstated, perhaps with the addition of some more work release days. Try to sweat it out until you are off of probation (i.e., commit no more crimes). Also, please understand that subsequent cases such as this could be charged as felonies, and your chances of going to prison would be greatly increased the next time around.
Answer Applies to: California
Replied: 3/18/2011
Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
You will get a probation violation with your new charge. Sometimes these are easily dealt with, sometimes the violation is a bigger problem than the new charge.
Answer Applies to: California
Replied: 3/17/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    New felony or misdemeanor charges at the DAs discretion, and a probation violation charge that can put you back in jail/prison on the original sentence.

    When arrested and charged with any crime, the proper questions are, can any evidence obtained in a search be used against you, and can you be convicted, and what can you do? Defend the charges. Go to court, enter a not guilty plea, set up and attend the court hearing[s] and trial date[s]. Raise all possible defenses with whatever admissible and credible witnesses, evidence and facts are available for legal arguments for evidence suppression or other motions, plea-bargaining, or at trial. Effective plea-bargaining, using those defenses, could possibly keep you out of jail, or at least dramatically reduce it. Go to trial if it can't be resolved with motions or a plea bargain. Not exactly a do it yourself project in court for someone who does not know how to effectively represent himself against a professional prosecutor intending to convict and jail you. If you don't know how to do these things effectively, then hire an attorney that does, who will try to get a dismissal, diversion, reduction or other decent outcome through plea bargain for you, or take it to trial. If serious about doing so, and if this is in SoCal courts, feel free to contact me. Ill be happy to help you use whatever defenses you may have. If you can't afford private counsel, you can apply for the Public Defender.
    Answer Applies to: California
    Replied: 3/17/2011
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