What happens to someone arrested for shoplifting while on probation? 7 Answers as of May 26, 2011

What will happen if someone got arrested for shoplifting 300.00 worth of merchandise while on probation for grand theft for 5 years? They gave a fake identity and the police released him.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Likely your probation will be violated and if you are on felony probation could be sentenced to prison for up to 3 years or suffer a further county jail sentence or other punishment and be reinstated to felony probation.
Answer Applies to: California
Replied: 5/26/2011
Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
Just because someone is arrested does not mean he or she will be charged. The DA has until the court date to decide whether to issue the case. The probation violation is a separate matter and could carry its own penalties depending on how much time was suspended. It sounds like there is a lot of question as to the facts of the possible cases so it's very hard to predict what will happen.
Answer Applies to: California
Replied: 5/25/2011
Law Office of Geoffrey M. Yaryan
Law Office of Geoffrey M. Yaryan | Geoffrey M. Yaryan
It can be filed as a felony because of the prior theft charge which can result in a prison sentence or probation.
Answer Applies to: California
Replied: 5/25/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
They have to defend the new criminal charges, and a new charge of probation violation. Youll learn the actual charge[s] filed against you when you appear for arraignment at your first court hearing. No attorney can predict the outcome, nor even give an intelligent opinion, without reviewing and knowing all the charges, evidence, reports, testimony, priors history, etc. However, effective plea-bargaining, using whatever legal defenses, facts and sympathies there may be, could possibly keep you out of jail, or at least dramatically reduce it, depending upon all the facts. 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. 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 program, reduction or other decent outcome through plea bargain, or take it to trial. If serious about hiring counsel to help you in this, and if this is in SoCal courts, feel free to contact me.
Answer Applies to: California
Replied: 5/24/2011
LynchLaw
LynchLaw | Michael Thomas Lynch
It is impossible to say, what will happen, but important to recognize, what could happen. Often after a conviction for grand theft the sentence can be suspended and the defendant placed on probation. Any subsequent crime can be used to violate the existing probation. If the probation is violated the defendant faces the possibility the sentence on the original crime will be enacted.
Answer Applies to: California
Replied: 5/24/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    From your post, it appears the situation is as follows: "A" is on probation fo five years. During the course of that probationary period, "A" goes into a store and shoplifts $300.00 worth of merchandise. "A" is caught . Police come and "A" give a false name. Your question is what will happen. Difficult to tell. Factors that are important will be: 1) how long was "A" on probation when these new events occurred; 2) What was "A" on probation for; 3) what were the terms of probation (just a term in county jail and go behave *OR* go to prison but prison term stayed); 4) what is actually filed, if anything in addition to the shoplifting? If "A" has only been on probation for a short time, has other violations for any reason; the probationary offense was for anything similar or serious; the DA files false impersonation charges (and some other person actually gets charged), the more severe the punishment ill be.
    Answer Applies to: California
    Replied: 5/24/2011
    Law Offices of Phil Hache
    Law Offices of Phil Hache | Phil Hache
    If the Court where the original violation occurred finds out about the new charges, they will probably move forward with a probation violation hearing, with potential consequences for violating probation, and particular for violating it with a similar type of charge as the original conviction. There are a lot of potential variables in this situation. Feel free to contact me if you would like to discuss this matter in more detail.
    Answer Applies to: California
    Replied: 5/24/2011
Click to View More Answers: