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  1. #1
    Join Date
    Sep 2007
    Posts
    5

    Default Probation Violation Before Sentencing

    I was found guilty of felony shoplifting and was given 5 days in jail and 2 years probation. Prior to sentencing, I was in a grocery store and accidentally walked out without paying for a $10.00 prescription (yes, it truly was an accident!) The store manager stopped me, called the police, and I now have a court date pending for this misdemeanor. My attorney and I are going to try to get the charge dropped because I feel I have enough evidence to support this, but if I am not successful, can I be found guilty of a probation violation even though my probation had not started? I am going to be moving to another state next month and my probation is in the process of being transferred so this is an issue as well. Any help would be greatly appreciated.

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Probation Violation Before Sentencing

    You can be charged with a probation violation. There is potential for that even if the charge is dismissed. Consult your criminal defense lawyer or, if you do not yet have one, consider hiring a lawyer.

  3. #3
    Join Date
    Sep 2007
    Posts
    5

    Default Re: Probation Violation Before Sentencing

    What is the likelihood then that I will spend more time in jail and what could the length of time be? This is the only thing that concerns me as I will be starting a new job in the state of Delaware next month and do not want to lose my job over this. I currently reside in Ohio and my probation is in the process of being transferred to Delaware. My original sentence for the felony theft charge was 5 days jail and I served all 5 days. I would be willing to accept extended probation, counseling, etc. as an alternative to jail time as I do not drink or do drugs and intend to be extremely careful from here on in so as to not violate probation again. I know that much depends on the probation officer and the laws of the state but I am very anxious and stressed about this. Also, will I need to inform the probation officer in Delaware about the new charge or will he/she find this information out by reviewing my records? Thank you kindly for your help.

  4. #4
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Re: Probation Violation Before Sentencing

    I would again urge you to either consult your criminal defense lawyer or, if you do not yet have one, consider hiring a lawyer.

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