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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23169
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My daughter has her 4th offense retail theft and has only received

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My daughter has her 4th offense retail theft and has only received fines and now was put on probation and got caught again. How much jail time on average is sh going to have to serve. She has a 2 small children 3 and 4 years of age
Hi Jacustomer

Your daughter looks to be a poor candidate for probation, and what will happen from here is going to depend upon whether probation wants to keep her or they feel that they can't help her. If the latter they will tell the judge what they want to sentence her to. The judge has the power to go below or above that. He can even put her back on probation over probation's recommendation.

I can't tell you what probation will ask for because I don't know what US state you are in, whether she is on misdmemeanor or felony probation, and whether the new case is a misdemeanor or felony. But assuming that either both are misdemeanors or only one is a felony, her lawyer would possibly be able to convince the judge to give her one last chance to clean up her act with house arrest, maybe in conjunction with some counseling.

Customer: replied 4 years ago.


Hi Jacustomer,

I'm going to assume that these are both misdemeanors, because retail thefts for less than $2,500 are Class A misdemeanors.

The maximum on an A misdemeanor in Wisconsin would be 9 months in jail. If probation violates her and they want to terminate her probation, they will probably recommend something in the 3 month range and she could probably wrap up both the old one and the new one for that amount of time.

But she will also be entitled to a hearing on the VOP and because she is the mother of two young children and if her lawyer can convince the judge that she will get some counseling to control her impulses, he might be able to build a very strong case for house arrest.
Customer: replied 4 years ago.

She doesn't have a lawyer she had a public defender last time. What does VOP stand for. She has been in jail for 4 days and her probation officer still hasn't seen her. She's allowed no visitors either is this normal for her crime



A public defender was her lawyer, and she would be entitled to that lawyer or to have another public defender appointed for the hearing that she's going to be facing.

VOP stands for Violation of Probation. She'll have a court date at which she will find out what probation is going to ask the judge for. I don't know that probation will visit her in jail. If this is her fourth theft offense within a fairly short time period, in my experience she's almost out of chances to avoid jail. House arrest and probably with counseling is likely to be the only way she'll get to stay at liberty.

Yes, it's normal that she have no visitors yet. Vistitors have to be approved and she has only just arrived and been processed in. The warden where she's being housed can tell you when you can cone to visit

Customer: replied 4 years ago.
You've been very helpful. Her father and I are just sick about this and worried about the boys. This my last question in your opinion how. Much jailtime would she serve. Before going on possible house arresta?

Wisconsin Law indicates that she will be entitled to a revoocation hearing within 15 days of her incarceration. What happens from there would depend upon the results of the hearing and whether house arrest would be a possibility. So what I would suggest is that you call the public defender who handled the case for which she's in on the violation. He or she's the last attorney of record for this case, and he may be able to show up for the hearing. If not he should be able to tell you how she can get representation for the hearing.

The judge will likely keep her in until the matter is resolved because with four thefts, he will try to keep her in and out of trouble until the cases can be resolved.
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