If I am on SUMMARY probation and got in trouble for a petty theft ($35-$40), is there anyway I could go to jail?

Try to see if you can get a diversion program in this matter. This is important to try and avoid a conviction for theft since what employer wants to hire a thief.

You possibly can be charged with PV. However, it all depends on the terms of your probation. You may want to hire counsel to minimize any damage.

Instead of worrying about the jail time, you need to focus your attention on how you can avoid being convicted. Petty theft is a crime of moral turpitude, and if convicted you can kiss your career aspirations goodbye. Hire a lawyer before you get duped into a plea you will regret for life.

Its up to the judge. You have two issues to deal with. Since you are still on probation for the first case, I suspect one of the conditions was that you "maintain law abiding behavior". If the judge determined that you have not done so, then he can revoke your probation and could sentence you to jail time under that case. That would be separate from the shoplift case, which carries with it, its own penalties. Under the circumstances you have explained, I am not sure that you would qualify for a diversion. You also don't say how old you are.. not that it makes a big difference. other than the fact that you now have two criminal issues. I will tell you what I tell every defendant who appears before me when I am sitting as judge: I have never put anyone in jail.. You put your self there, based upon the choices you make. I am just there to see that you receive the consequences that come from the choices you make. You can do anything you want with your life.... good or bad... as long as you are willing to accept the consequences that come from the decisions you make. Think about the consequences BEFORE you act rather than after, because by then, it is often too late.

Your problem is two fold, your previous charge and now the new one. You will be getting a hearing notice relative to the initial charge for reconsideration of your sentencing. And, you will likely be sentenced for your theft charge taking into consideration your previous charge. You likely will not be jailed.

In Missouri, the maximum penalty for misdemeanor (under $500) shoplifting is 1 year in jail and a $1,000 fine. If you hire an attorney to represent you, the attorney can probably get the petty theft charge dismissed or reduced to a lesser offense, such as "Littering." The outcome of your case depends on your criminal history, the details of your case, which court your case is being prosecuted in, and the skill and experience of your attorney.

You can't count on diversion if you did this while on probation. I don't see revocation but more probation conditions.