I am on felony probabtion for retail theft. I was just

Thanks for the reply. I'm sure you already know your worst case scenario, because I'm sure it was explained to you when you took your plea and were sentenced to probation. The worst case scenario is that probation violates you and revokes your probation, and the judge resentences you to the maximum possible jail sentenced allowed under the statute to which you pled guilty. Felony time would absorb the time on the new misdemeanor, which would mean that you would not have to do extra time to resolve the new case.

The best possible outcome is that probation will violate you and the judge will grant you probation for the new case as well.

What will actually happen, of course, is going to depend on probation, and probation can be hard to second guess. They will watch your new case carefully to see what happens to it, in my experience. Unlike parole, probation will not generally have you incarcerated just for the arrest, but if it's not dismissed, they will violate you.

From there, probation has 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 case will depend on many factors, such as the your background and history and the facts and circumstances of the underlying case, how well you've been getting along with your probation officer, whether you've been in good over all compliance with the terms of your probation before the violation or whether you've given them trouble before (and how much of it). These aren't all of the measuring sticks that will help probation to decide how to handle you, but they are important ones.

Ultimately, it will all come down to whether probation thinks that working with you will ultimately turn you into a successful probationer and a productive citizen or whether they think you never will get the message and will want to wash their hands of you.

I can't tell which way for sure this will come down. A second retail theft when you're on probation already for retail theft is not likely to please probation or to convince them that you're getting the message. But you'll be entitled to a hearing on your violation.

You should notify your lawyer so that if your new case is defensible, maybe you can fight it and win it. Alternatively, if probation and the DA are asking for for a revocation of probation and a resentencing to prison, you will need your lawyer to make a good argument for your continuted probation, even if it has to be under house arrest.