QUESTION
What will happen if you get caught shoplifting while on probation for DUI?
Asked on Jul 10th, 2011 on Criminal Law - California
More details to this question:
What will happen if you get caught shoplifting while on probation for DUI?
7 ANSWERS
If you are on probation for a DUI and you commit a new crime, you can face a probation violation where you can be sentenced to up to six months in jail on your DUI case, minus the jail time you did. In addition you are facing punishment on the new petty theft case. You should immediately speak to a criminal defense law firm like Wallin and Klarich to assist you to try to avoid jail time in both matters.
Answered on Jul 10th, 2013 at 12:16 AM
Criminal Trial Attorney serving San Jose, CA
at
Law Office of Thomas F. Mueller
Update Your Profile
It is possible for your probation to be violated and incur an additional sentence, however most judges will not do this if the new case is quickly settled.
Answered on Jul 13th, 2011 at 11:58 AM
Wrongful Termination Attorney serving Huntington Beach, CA
at
Nelson & Lawless
Update Your Profile
In addition to the new criminal charges, you face potential revocation of probation and jail on the old charges. How likely? In your situation, maybe not too likely, as the new crime is not related in kind to the old. But, no guarantees. You'll learn the actual charge[s] filed against you when you appear for arraignment at your first court hearing. The prosecutor can amend at any time he feels he can prove additional or different charges, like probation violation. The charges determine how much time would be imposed if convicted. If you havent actually been arrested and charged yet, quickly hire an attorney to try to negotiate a deal with the store to not file charges. They wont do so with you, buy may with an attorney. If already arrested, that deal still might be possible, but much less likely.
Answered on Jul 12th, 2011 at 2:47 PM
Criminal Law Attorney serving Oakland, CA
at
Dennis Roberts A Professional Corporation
Update Your Profile
They will most likely revoke your DUI probation and sentence you on that. They might not even bother with the shoplift as they can give you up to a year on the DUI.
Answered on Jul 12th, 2011 at 1:54 PM
Criminal Defense Attorney serving Orange, CA
at
Law Office of Joe Dane
Update Your Profile
Any new criminal charge can result in not only new charges, but also a violation of probation allegation. One of the terms of your DUI probation was to "obey all laws" - the new case puts that in jeopardy. You can have additional punishment, including jail time, fines and/or other punishment imposed. You really need to sit down face to face with a local criminal defense attorney to discuss your options.
Answered on Jul 12th, 2011 at 1:05 PM
You face a violation of probation. If it was a first DUI, the statutory maximum is 6 months in county jail. If you did not do any time, then the entire 180 days is available for the Judge to exercise on this probation violation (and this is on top of whatever you get from the theft). Contact an attorney, because you will need one.
Answered on Jul 12th, 2011 at 11:57 AM
Probate Attorney serving Sacramento, CA
at
Law Office of Stephen Pearcy
Update Your Profile
It's a probation violation to violate any law, so probation will be revoked and you'll be charged with violating probation and with shoplifting.
Answered on Jul 12th, 2011 at 11:56 AM