I just want to know.Are they in trouble? They were locked up for shoplifting last year,have been on probation since August 2010.Are they in trouble,will they have to do some jail time or will they get off like community service?
DUI / DWI Attorney
Yes they are in trouble. They need to hire a lawyer. Since you are telling us that this person is on probation for multiple crimes, probation can be revoked for up to two years for a new miisdemeanor battery or for the balance of all sentences if this new crime is a felony. You need to hire a lawyer.
Criminal Defense Attorney
Yes. They are in trouble. No one can predict what will happen on the information provided. "Someone" needs a lawyer, now.
Probation means you have already been convicted of a crime. A judge decided that you did not need to be imprisoned to protect society, but you are subject to being searched or locked up at any time if someone thinks that decision might have been wrong. You have one foot in the jail cell already!
When talking to clients considering probation, I often compare it to being like moving back home with a step-parent who doesn’t like you. That step-parent gets to set your hours, tell you who your friends are, tell you where you can and cannot live, and talk to your boss at work. If he/she thinks you are breaking a rule, you can be put into jail until a decision is made. It is a significant change in your liberty.
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I am an experienced Wisconsin criminal defense lawyer practicing in Madison (Dane County) Wisconsin. The laws in each jurisdiction can be very different. I cannot give legal advice over the Internet nor can I establish an attorney client relationship with you.
If something I say disagrees with what your own lawyer is telling you, you should rely on your lawyer who is familiar with you, your entire case, the local courts and practices.
Most questions are just better handled by an attorney familiar with the procedures of the courts in your area. Few, if any, legal matters should be handled via Internet communication. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services.
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Confidential information should not be disclosed in this Internet forum. Click on the "More..." link for IMPORTANT INFORMATION about this AVVO Answer. . . . . . . . . . . . . . . . . . . . . . . . . . . . I am an experienced Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.
Violent Crime Lawyer
The person is looking at getting sentenced for the new crime, and up to the maximum for the old crimes he is on probation for.
There is no confidentiality online. He is presumed innocent until proven guilty beyond reasonable doubt. If you cannot find a local attorney on Avvo, a good place to look is the website for the National Association of Criminal Defense Lawyers (NACDL.org) Speak to several attorneys and hire the one that makes you feel confident and comfortable.
NACDL local members: http://tinyurl.com/8ru8wtv (https://www.nacdl.org/impak/cms/members_online/members/findalawyer.asp)
NACDL Local affiliates: http://tinyurl.com/8akw2gd
Educational purposes answer. | FACDL.org | NACDL.org | Defendme.net | twitter.com/JReganLLM | Non-privileged answer.
Criminal Defense Attorney
They could be arrested for probation violation. They need an attorney. Please feel free to have them give my office a call.
Darrell B. Reynolds, Sr.
Attorney and Counselor at Law
"Love all, trust a few, do wrong to none."
- William Shakespeare
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