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If I am on unsupervised probation in AL for Theft of Property and I get arrested for a 5 dollar theft will it violate probation?

Decatur, AL |

I was put on Unsupervised Probation in Decatur, AL (Decatur Municipal Court) for Misdemeanor Theft of Property in January 2011. I just recently got arrested for a Misdemeanor Theft of Property in which I was caught stealing a 5 dollar pack of condoms in which I offered to pay for, but the owner was persistent on prosecuting me. I am now scared that I violated my probation event though I was able to bond out the same night I was arrested. My court date is August 1st and I guess my question is what is my best option to not have to serve any jail time. I have my life back on track and I made one stupid mistake. Do you think the judge will show mercy since it was only a 5 dollars theft if I plead guilty or should I hire an attorney? I want to avoid jail time because I am in school full time no

Attorney Answers 2


  1. Any theft offense of any kind is a criminal offense and is sufficient to cause the court holding supervision over you to order revocation of probation. The value of the property taken is of no consequence. It is the act of wrongfully taking property that is the criminal offense. It is possible the trial court may order your incarceration as a consequence for the second theft offense. Your best course of action is to retain the services of a qualified criminal defense lawyer. Check the listings under Avvo 'Criminal Defense' or check the listings with the Alabama Criminal Defense Lawyers Association at: www.acdla.org.


  2. You could be revoked. I would hire an attorney before you do anything. If you need help in Decatur, feel free to call me at any time. 256-350-7200

    The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Alabama. Responses are based solely on Alabama law unless stated otherwise.

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