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This could cause you alot of grief due to your prior history - I suggest you will need to call the sales clerk as a witness and to do that you will need to have her subpoenaed. Because of this I suggest you consult with a local attorney to assist you - and I only suggest consults with local attorneys when I feel there are grave consequences if not handled properly.
If you have been charged again - whether guilty or not - your probation is jeopardized because even if you are aquitted on the theft charge you can be charge with the violation of probation (VOP) merely on the fact that you have been charged. The violation is something like "presents a danger to self and others" probations and paroles have a lower standard when showing guilt - it is based on a prepondence of the evidence and not a that of criminal law beyond a reasonable doubt. A termination of your probation will result in you doing the time as suspended.
You can contact the NY Bar Association for a referral to an attorney - consults are minimal that way. Click HERE for that contact information
Best of success to you in this matter,
Then I suggest that you make sure you report this incident to your probation agent - that is a must - it shows that it was indeed an error and it is a requirement of your probation to report any criminal incidents not just arrests, correct? I am more concerned that you probation is going to be terminate and time given on that charge.
I don't know that it can be superceded - but your evidence show make good presentation in court -
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