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  1. #1
    Join Date
    Nov 2007
    Location
    San Jose, Ca
    Posts
    2

    Default Accidental Theft and Possible Probation Violation

    Background information-
    I was convicted of a felony for insurance fraud 2 years ago in santa clara county. I was given 3 years probation, and I am able to have it reduced to a misdemeanor if I complete my probation. I did 200 hours of community service, paid back all restitution. I am in the process of having my probation terminated and getting my felony expunged. I am currently a junior at San Diego State University.

    Today I was in the middle of rushing to midterms and getting scantrons, and walked into the mini store oncampus to get a power bar. There were lots of people everywhere in the store and when i was walking to the line I got a phone call, answered it then looked up at the clock and noticed it was 2 minutes until my midterm. I ended up walking out the store and then turned around when I noticed I still had the bar in my hand. I was immediatly grabbed by 2 LP men and put in handcuffs. A cop came and gave me a ticket for petty theft. The item wa $1.20.!!!
    As of right now its circled as a misdemeanor. Can I ask this to be dropped to the infraction. If so will this not affect my probation and my filing to have my probation terminated.
    Oh, and since this happend in the county of san diego, will the county of santa clara even find out about it?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Accidental Theft and Possible Probation Violation

    I suggest getting help from a criminal defense lawyer. You can expect that Santa Clara County will find out about it, no matter what you do, and you need to try to minimize the damage that may result.

  3. #3
    Join Date
    Nov 2007
    Location
    San Jose, Ca
    Posts
    2

    Default Re: Accidental Theft and Possible Probation Violation

    Anyone else with some insight would be much appreciated.

  4. #4
    panther10758 Guest

    Default Re: Accidental Theft and Possible Probation Violation

    Why because Mr. K didnt give you the answer you wanted? His answer is the correct reply

  5. #5

    Default Re: Accidental Theft and Possible Probation Violation

    The county will not find out. Your probation will be fine. You just need to explain that you walked out of the store, carrying an unpaid item, chatting on the cell phone, and walked out accidently.

    They will say "Ohh that makes sense! Sorry for the misunderstanding!" - also when you go to court, please remain on the cell phone the whole time. That will further prove truth to your story.

    Good luck and don't worry. You didn't do anything wrong. It was just an accident.

    </sarcasm>

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