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Breaking Probation By Commiting a Non-Traffic Violation

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  • 08-30-2011, 06:33 PM
    jray90
    Breaking Probation By Commiting a Non-Traffic Violation
    My question involves criminal law for the state of: Washington.

    My friend is on probation. It started June 2009 and is supposed to end June 2019. He stole an item from a grocery store that would have costs no more than five dollars and was written a ticket from the security at the grocery store for a non-traffic violation. He was informed that he would just have to pay a fine but when he went to pay it he was then told at the county court house that it was a notice to appear in court. He then scheduled a court date. My question is this: Did he break probation with a non-traffic violation? What could his consequences possibly be, worst case scenario? Should he apply for a public defender? And should he report this situation to his probation officer?
  • 08-30-2011, 07:10 PM
    free9man
    Re: Breaking Probation/ Non-Traffic Violation
    Quote:

    Quoting jray90
    View Post
    My question is this: Did he break probation with a non-traffic violation?

    Yup. Generally speaking, a condition of probation is that the probationer refrain from breaking any more laws.

    Quote:

    Quoting jray90
    View Post
    What could his consequences possibly be, worst case scenario?

    His probation could be revoked and he be re-sentenced up to the maximum jail/prison term of the original charge. Given that he got 10 years of probation, I bet that he would be looking at quite a bit of prison time.

    Quote:

    Quoting jray90
    View Post
    Should he apply for a public defender?

    He may plead not guilty at his court appearance and request a PD, if eligible.

    Quote:

    Quoting jray90
    View Post
    And should he report this situation to his probation officer?

    Better they hear it from him first.
  • 08-31-2011, 08:41 AM
    viol8te
    Re: Breaking Probation/ Non-Traffic Violation
    Free is right. However, some agencies don't violate for minor traffic offenses. Mine for example doesn't. He needs to tell the PO so that he doesn't look as if he's hiding anything.
  • 08-31-2011, 09:22 AM
    Mr. Knowitall
    Re: Breaking Probation/ Non-Traffic Violation
    The violation wasn't a traffic violation. It was shoplifting.
  • 08-31-2011, 10:19 AM
    viol8te
    Re: Breaking Probation/ Non-Traffic Violation
    Ooops. My fault KIA, in that case. A violation is a definite possibility. Tell the PO, wait to see if there are charges and if there are formal charges, the PO will violate. Your friend needs to be smarter than that.
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