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Dave Kennett
Dave Kennett, Lawyer
Category: Criminal Law
Satisfied Customers: 27689
Experience:  25 years experience practicing attorney
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a friend was caught shoplifting,,first offense..went to court..ordered

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a friend was caught shoplifting,,first offense..went to court..ordered to pay fine and do community service , but the court keeps "jerking" her around..she went to court today prepared to pay her fine and to be assigned her place of co mmunity service only to be told to come back in january. they also told her that she had to inform her boss. can they do that?

-Could you explain your situation a little more?
What does her boss have to do with the shoplifting charge?

Was any explanation given for having to tell her boss?

Are they asking for proof that she actually told him?

Customer: replied 5 years ago.
her boss has nothing to do with the charge. no reason given, but they are going to check with him to make sure she informed him..this is a first time offense and you think she killed someone.

Dear JACUSTOMER - If informing her boss is a condition of being placed on probation then she will either have to inform her boss or not be on probation. This sounds ridiculous to me but I have had years of experience dealing with probation officers and some of them can be very difficult. It would seem to me that this is counterproductive in that she could lose her job and there seems to be no reason to inform her boss. If one of the conditions is to be employed and the PO is asking her to tell her boss it seems that they are defeating the purpose of staying employed. I can agree all day long but I'm not the judge or the PO so I have no way to tell you how to avoid informing her boss unless she can convince the judge to waive that requirement.

She probably should have asked the court to appoint an attorney at her first hearing who could have assisted her through all of this but now that she has pled guilty she has put herself at the mercy of the court which can be very risky. The court sets it's own schedules so if they are going to make her wait for the community service then she will have to wait. The alternative to all of this is to accept a jail sentence for the crime and not be on probation. That is not a choice most people make but I have seen it happen when the defendant gets totally fed up with the nonsense of a PO.

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