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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 24022
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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, sure
, i was released from jail in california 6

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Customer: i was released from jail in california 6 months ago and have a 3 year probation period and tonight i ended up committiing a petty theft crime by taking a pair of headphones from the store.
Submitted: 1 year ago.
Category: Criminal Law
Customer: replied 1 year ago.
since the petty theft crime is a prop 47 will i serve jail time for this?
Expert:  Zoey_ JD replied 1 year ago.

Hello

How much time do you have left on probation? Any earlier problems with probation?

Expert:  Zoey_ JD replied 1 year ago.

The real problem here is not the petty theft. People rarely do time for a petty theft offense. The problem is probation. They usually don't violate you for an arrest. They wait to see what is going to happen on your case and then violate you if you plead guilty. Probation is why you can wind up doing time.

It's hard to know what probation will do in a situation like this because they can be hard to second guess. They can give you a slap on the wrist or they can throw the book at you. It will all come down to whether or not probation feels there's any point in working with you further. If they feel that retaining you on probation is simply a waste of their time and resources, they are going to want to revoke probation and ask the judge to resentence you to jail time.

The judge has the power to overrule probation, though they generally don't without a very good reason. So if you feel you're going to be violated, you want to involve your lawyer so that he can make an argument on your behalf for your continued liberty, even if it has to be on house arrest.

Customer: replied 1 year ago.
I have 2 more years left of my probation from my marijuana case and have been good other then that. Hopefully they reinstate probation and let me do community service
Expert:  Zoey_ JD replied 1 year ago.

Sorry for the delay.

Again, it all depends on what probation feels about you. If they are willing to keep working with you, you may be able to get some kind of a deal on the petty theft where you just serve probation for both matters. But I would suggest involving your lawyer. You're not going to get a free pass, and in order to stay out, you may have to agree to more intensive supervision/monitoring.

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