Probation Violation - Am I Going To Jail?
My question involves criminal law for the state of: Kentucky
I'm on 'pretrial diversion' for a felony Drug Trafficking charge, which for those who are not familiar with it is basically probation, but keeps my record clean of the felony if I make it the entire 5 years.
Yesterday I was arrested on a robbery charge along with a friend for stealing from a grocery store. I know this sounds ridiculous but it is true. I was let out a few hours later. I've been assured the felony charge won't stand as it was less than 20$ worth of merchandise, I had no weapons and there was no violence involved. So I'm most likely looking at a misdemeanor shoplifting charge.
I know I'm an idiot for associating with someone who wanted to steal, I'm not here to be lectured. I'm here to find out my chances of staying out of jail. If convicted, I'm almost 100% sure it's a violation of my probation terms, but does that for SURE mean that you'll go to jail? I've only been on probation 6 months but have been squeaky clean in those 6 months; all court costs paid on time, all drug tests passed, had them come to my house and find no issues, etc. I've had a great job for over 2 years, lived in the same place a long time, and before the original felony charge had had a clean record my entire life.
What are my chances of staying out of jail? Will it be up to my probation officer only or the court? If I do go to jail do I automatically do the time from my original offense? I was told it was 2 years diverted for 5 (2 years prison diverted for 5 years probation). I've tried searching online and have found that it seems to be about 50/50. 50% of the time jailtime, 50% of the time it's modified probation terms. Is there anything I need to be doing to improve my chances of staying out of jail? I've already informed my lawyer, and have already called and left messages for my probation officer.
Also, do I have to be convicted of the crime before it's considered a violation of my probation? ANY and all help here is appreciated. I am very depressed at how stupid I am, and the thought of going to jail over something so stupid is horrifying to me.
Re: Probation Violation : Am I Going To Jail?
It is up to the judge.
You may have to go back and serve the rest of your jail sentence.
Most importantly, now the felony would appear to stay on your record.