I was caught shoplifting from a major retail store a value of about $120. I am 18 and am going to try and go for the hyta program. It is my first offense, and I am currently going attending school away from home. I'm just wondering if you will always be put in probation with hyta and if so how long is the probation usually? Also would I be getting drug/alcohol tested the whole time?
HYTA is not a guarantee. Probation can be up to 2 years on a misdemeanor and if you are given HYTA, the judge can still give you jail. Self representation is very foolish. Having a retail fraud on your record can cost you a career and you are too young to take that risk. If you can't afford a retained criminal defense attorney, ask for a court appointed lawyer.
Probation is customary with HYTA. The length and terms depend on the judge. That is why it is important to be represented by an attorney that is familiar with the court and judge you will be facing. HYTA is not a guarantee. Look for an attorney in the area that primarily practices criminal defense and schedule a consultation.
While probation is common with hyta for this kind of case, it is not guaranteed. More over, the court may still sentence a person to jail and have the case handled by way of h y t a. You really should obtain an experienced attorney to help you through this.
This answer is legal information only. It does not create an attorney-client relationship between you and the Law Office of John Freeman, PLLC. General answers to questions on this site are not intended as a substitute for personal consultation with a qualified attorney.
Mr. Dickson and Mr. Austin already addressed HYTA, probation, and the need for an attorney who is experienced with criminal defense; they are correct.
As for whether you will be drug and alcohol tested while on probation and how often: many courts have drug and alcohol testing as a standard term of probation. Depending on the court and your circumstances, you could be required to test anywhere from multiple times per week to once per week, at your own expense.
You need to find an attorney who is not only an experienced criminal defense attorney, but who is also familiar with your particular court and judge. If your retail fraud case has nothing to do with drugs or alcohol, and you are given probation, then your attorney will know what to argue, if and when the court considers the need for drug and alcohol testing.
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