What will happen if you get caught shoplifting while on probation for DUI? 13 Answers as of July 10, 2013

What will happen if you get caught shoplifting while on probation for DUI?

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A.L.A. Law Group, LLP
A.L.A. Law Group, LLP | Lauren M. Mayfield
Any new law violation will be seen as a probation violation on you DUI case. The judge can impose additional penalties for the probation violation, however, if your two cases are packaged together in front of the same judge you may be able to negotiate a plea in your petty theft case that doesn't impose any additional penalty for the probation violation. Most likely you were on informal probation for your DUI so a new law violation is less serious that with formal probation but it can still carry penalties so you should speak with an attorney before admitting a probation violation or pleading guilty in your petty theft case. Also you should not admit the probation violation until your new case resolves because if your new case gets dismissed there may be no violation.
Answer Applies to: California
Replied: 7/18/2011
Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
The probation violation will be charged separately but in reality it is usually dismissed as part of a plea bargain or swept in with the other charge.
Answer Applies to: California
Replied: 7/14/2011
Law Offices of Martina A. Vigil, PC
Law Offices of Martina A. Vigil, PC | Martina A. Vigil
This may be considered a probation violation and you run the risk of having to serve the maximum time on your initial DUI conviction. Often times, the judges will charge you a fine and revoke then reinstate your probation. Remember, you have a right to a probation violation hearing to determine whether or not you actually violated the terms of your probation.
Answer Applies to: California
Replied: 7/13/2011
Law Office of Thomas F. Mueller
Law Office of Thomas F. Mueller | Thomas Mueller
It is possible for your probation to be violated and incur an additional sentence, however most judges will not do this if the new case is quickly settled.
Answer Applies to: California
Replied: 7/13/2011
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Your probation is subject to being violated but if the cases are in different courts and if you are on court probation for the DUI it may not come to the attention of the court. Technically however you are looking at 6 months hanging over your head while on probation so you might want to be more careful.
Answer Applies to: California
Replied: 7/13/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    In addition to the new criminal charges, you face potential revocation of probation and jail on the old charges. How likely? In your situation, maybe not too likely, as the new crime is not related in kind to the old. But, no guarantees. You'll learn the actual charge[s] filed against you when you appear for arraignment at your first court hearing. The prosecutor can amend at any time he feels he can prove additional or different charges, like probation violation. The charges determine how much time would be imposed if convicted. If you havent actually been arrested and charged yet, quickly hire an attorney to try to negotiate a deal with the store to not file charges. They wont do so with you, buy may with an attorney. If already arrested, that deal still might be possible, but much less likely.
    Answer Applies to: California
    Replied: 7/12/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    They will most likely revoke your DUI probation and sentence you on that. They might not even bother with the shoplift as they can give you up to a year on the DUI.
    Answer Applies to: California
    Replied: 7/12/2011
    Law Office of Rodney Nosratabadi
    Law Office of Rodney Nosratabadi | Rodney Nosratabadi
    Because it's a new law violation, the court has the discretion to incarcerate you for up to 6 months. The Court however may incarcerate for a lesser period of time or not incarcerate you at all.
    Answer Applies to: California
    Replied: 7/12/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Paul Wallin
    If you are on probation for a DUI and you commit a new crime, you can face a probation violation where you can be sentenced to up to six months in jail on your DUI case, minus the jail time you did. In addition you are facing punishment on the new petty theft case. You should immediately speak to a criminal defense law firm like Wallin and Klarich to assist you to try to avoid jail time in both matters.
    Answer Applies to: California
    Replied: 7/10/2013
    Law Office of Michael Bialys THE DUI MAN
    Law Office of Michael Bialys THE DUI MAN | Michael Bialys
    It is a violation of probation.You can get jail time. It often depends on the value of the goods and several oterh factors. Consulting wiht an attorney wouldn't be a bad idea.
    Answer Applies to: California
    Replied: 2/24/2012
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    Any new criminal charge can result in not only new charges, but also a violation of probation allegation. One of the terms of your DUI probation was to "obey all laws" - the new case puts that in jeopardy. You can have additional punishment, including jail time, fines and/or other punishment imposed. You really need to sit down face to face with a local criminal defense attorney to discuss your options.
    Answer Applies to: California
    Replied: 7/12/2011
    Law Office of Stephen Pearcy
    Law Office of Stephen Pearcy | Stephen Pearcy
    It's a probation violation to violate any law, so probation will be revoked and you'll be charged with violating probation and with shoplifting.
    Answer Applies to: California
    Replied: 7/12/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You face a violation of probation. If it was a first DUI, the statutory maximum is 6 months in county jail. If you did not do any time, then the entire 180 days is available for the Judge to exercise on this probation violation (and this is on top of whatever you get from the theft). Contact an attorney, because you will need one.
    Answer Applies to: California
    Replied: 7/12/2011
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