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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16336
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hello, My daughter was on 1 yr probation for grand larceny.

Resolved Question:

Hello,

My daughter was on 1 yr probation for grand larceny. If she stayed out of trouble and went to counseling the charge would be removed from her record. However, she made the very poor choice to deliberately go right back into the store she was banned from and stole again! At least that is how I'm hearing it. She is now awaiting disposition for a court date on July 2nd. Will the first charges for which she was on probation for be included in the current charges? How does this work and what is your educated guess outcome for a case like hers?

Thank you,

Distraught mother
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.
Hi Jacustomer,

How long was she on probation before she went back into the store and got a new arrest.

Please use the reply tab below to let me know.
Customer: replied 1 year ago.

Not long, maybe a couple of months if that.

Expert:  Zoey_ JD replied 1 year ago.

Hi Diane,

Probation holds a great deal of power over a probationer. They can decide to keep her on probation for both cases. They can insist she do jail time on the VOP, which would likely mean jail on the new offense as well, to run them together. And there are options in between. Probation calls just about all the shots in this situation.

The botXXXXX XXXXXne is going to be whether probation still is willing to work with her. For that purpose, the shorter the time she has been on probation, the better her chances that they will be willing to keep her. That's because right now, she hasn't had much of the benefit of probation, hasn't learned any different coping skills..

Probation can be very difficult to second guess because they have a whole arsenal of possible sanctions available to them, ranging from a wrist slap (more intensive supervision, more reporting requirements), on the one extreme to house arrest or revoking probation outright on the other.

What they will do in your daughter's case will depend on many factors. But if probation feels there's no point in working with her any more, they will ususally make a recommendation to the judge about how much time they want your daughter to do. Although the judge generally gives probation's opinion a great deal of deference, because probation has worked with a defendant far more closely than a judge, the judge is not bound by probation's decision. If probation is revoked, the judge has the power to resentence her to any appropriate jail alternative defined by the state's sentencing law for the crime she originally pled to, up to the maximum the law allows. But they also have the power to restore her to probation even over probation's objection.

She needs to have a lawyer make an argument for her continued liberty if probation wants to revoke her. He can probably get her house arrest instead of prison. She will have a lawyer assigned to the new case who can make that argument for her, if the state is recommending her incarceration.

Customer: replied 1 year ago.

Her bond was set at 30k. How are bond amounts determined? Also, what does VOP stand for and, if she is homeless, won't that eliminate the house arrest option?

Expert:  Zoey_ JD replied 1 year ago.
Hi,

A VOP is a Violation of Probation.

Some states have recomended written guidelines for bond. Some don't. But basically all look at bond the same way.

To make a bond determination the judge looks at the personal amd criminal history and background of the defendant, including any warrant history, the seriousness of the crime that's charged and the strength of the state's case, and the defendant's ties to the community and whether or not the defendant appears to be a flight risk. His figure is based on balancing those factors.

In your daughter's case, he sent high bail on what is not a very serious charge. That's his way of saying that he thinks she's a likely flight risk (family elsewhere in the country, presently homeles) and also that she's out of control (one arrest shortly after being given a break on the other). It also reflects the judge's expectations that probation will be done with her and that some jail time is likely.

That does't mean, however, that she will get resentenced to jail It is going to depend on what probation is going to want to do with her. And that goes back to what I said before. Probation will look at her history and background, the new case, the underlying facts of the old case, how well she got along on probation, whether she was in trouble with her probation officer before or whether her record has been exemplary and so on. And they will decide whether there's any point in letting her remain on probabion.

If probation wants to revoke, then they will recommend a period of incarceration to the judge that they feel would be appropriate. House arrest is one possibility that can be bargained for if probation wants jail.. But if she has nowhere to stay that probation would approve of, the odds of their wanting her to do some time is good.
Customer: replied 1 year ago.

For nearly 2 years now we (my husband and I) have been trying to get her to move out here to WA where she would have the support of her family. If probation decides to keep her is there any chance her probation could be transferred here to WA State?

Expert:  Zoey_ JD replied 1 year ago.
Hi Diane,

Yes, there would be a chance through the Interstate Compact if she were to get probation, but she'd really have to toe the line to be eligible for a mandatory transfer. She needs to be in good standing with probation, which she is not. She needs to be up to date with all fines and fees. She would also need to have a valid plan for supervision in Washington, family and a place to stay, and a job which would provide her with a lawful means of support.She cannot move there to look for a job. She must have it before she can transfer.

Once she has this, she can ask her PO to fill out the paperwork for a mandatory transfer and.the PO will have to get this started for her. Until her transfer is approved she has to stay where she is. On the receiving end however, once WA gets her application, it has an opportunity (45 days) to check out that her plan is valid. Unless they disapprove of his plan, they cannot deny her the transfer. You can find the information about the Interstate Compact here by clicking on the link. The transfer rules and regs begin on page 23.
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 16336
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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