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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26789
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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What happens if you are a third offense shoplifter in az first time about 15 years ago,

Customer Question

what happens if you are a third offense shoplifter in az first time about 15 years ago, diversion class, second time about 200 dollars, 3 years probation and about 30 classes for therapy for shoplifting. Now third offense 2 weeks from probation being over and caught with about $500. I am seeing a psychiatrist for sever depression, anxiety, OCD, I was started on a new medication that made me feel like reckless and I truly know this would not have happened if I was not put on this new medication. I even had to go to the hospital for hallucinating because of this new med. This would not have happened with out this new med. will there be any sympathy or anything I can do
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 years ago.
My name is ***** ***** I am an experienced criminal lawyer.
The offense of 15 years ago is not really going to contribute to your problem. The bigger issue is the violation of probation.
You need to get your lawyer involved here and sign a release so that he can discuss your medication issues with your psychiatrist. If he can confirm that the medication could have accounted for your backsliding he can make an argument for the extension of your probation, a change of medication and continued psychiatric counseling. Alternatively, rather than jail, he can make an argument for house arrest.
I have found that judges can be sympathetic, but they want to be on solid ground rather than rule out of sympathy. If your doctor can confirm confusion and disorientation of the sort that could have facilitated a relapse, you've got a chance of avoiding jail.
Customer: replied 2 years ago.
what is house arrest, I live with my autistic son and my father with alzheimers disease, there a lot of dr appts, for myself as well. I see a psychotherapist weekly and my psychiatrist monthly. I have had no problems at all until the start of this new medication. This medication does have symptoms of unusual behavior and reckless behavior. my concern is being able to make appts to take care of my disabled family. I have no one else to help, I think my father would just end up dying somewhere and my son would be a disaster if taken away from me for even a day. Does house arrest let you do things during the day? Maybe early curfew and then be able to go out to appts again during days needed. also, what are my chances of staying out of jail if my psychiatrist is willing to help me? especially with such family special needs?
Expert:  Zoey_ JD replied 2 years ago.
House arrest would allow you to do essential things but nothing more. It's not the first choice, but it's a fallback if the only other option is jail.
The first choice is for your probation to be extended, your medication changed and your therapy intensified, which I mentioned before. Your psychiatrist's assistance would be very important, which is why you need to sign a release and let your lawyer speak to your psychiatrist. Together they can put some kind of plan before the judge. The judge has the power to overrule probation, if probation is going to ask for you to be revoked and resentenced to jail. A psychiatrist who believes in you and who can confirm that your medication contributed significantly to your relapse will be very helpful.