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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 117460
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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my son is on probation ( unsupervised ) was judical diversion

Customer Question

my son is on probation ( unsupervised ) was judical diversion showed up at school and forgot he had a shotgun in the back from coon hunting the night befor. well while on probation he got cought shoplifting at the walmart less than 100.00 about 45.00 dollars will he end up in jail or will he get a steep fin and supervised probation or what he is kind of worried.he is 18 no other trouble with the law if that is not enough
Submitted: 7 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 7 years ago.
He is going to end up with a fine and unlikely to have any jail time. Because he has not been behaved while on unsupervised probation he will end up with supervised probation more than likely. In addition to the fine in court he will get a letter from walmart to pay them up to $500 for the civil shoplifting recovery law and if he does not pay they will sue him for that plus attorney's fees.

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Expert:  Law Educator, Esq. replied 7 years ago.
I also forgot to mention if he was on a deferred sentence, the court will turn around and resentence him on the original case for that charge as well. So in addition to the new charges, he will face sentencing on the original charge as well, please for give that omission. Also, the TN statute provides the fine for recovery is $100 or 3 times the value in lieu of criminal prosecution, so Walmart may decide to take the money and not pursue charges, which you may want to get your son's attorney to pursue on his behalf to save him from the charges.

Edited by PaulMJD on 12/1/2009 at 2:33 AM EST