First, is there probable cause to believe she actually committed to larceny? It is one thing to get arrested, but how strong is the case against her? Whether she was caught red handed or the evidence is merely circumstantial should have a major impact on whether she will go to jail for violating her probation. Other factors that will come into play are: Her prior criminal record other than these to offense, whether she has violated probation in the past, the facts and curcumstances surrounding the DUI and the theft cases, who she is as a person (employment record, drug and alcohol problems, ect) the factors to be considered go on and on and on. Her attorney's job will be to use as many of these releveant factors as possible to persuade the judge to extend her probation rather than send her to jail. Good luck and let me know how things turn out.
Nicolas A. Gordon
She could, and that would depend upon the judge. For the DUI, if it is her first, she could get up to 6 months in the county jail, less any credit for time served. She could get up to 5 years in prison. for the theft, because it is a grand theft. A grand theft is a theft valued at more than $300.00.
I would suggest your daughter is in serious trouble. She may be able to get diversion for the grand theft, but the judge on the DUI case could still give her jail. I would think not, but I don't know what they what they do in Port Charlotte.
Two things:I would hire an attorney for your daughter as soon as possible. She also needs to understand that when she is on probation, the judge expects her to follow the rules. If she continues using bad judgment she is headed for prison. Her actions can and will affect her for the rest of her life. Her actions could affect her ability to get school loans, certain jobs, join the military, and get certain liceenses. It could also cause her to lose her right to vote.
Jail is always a possibility for a VOP, but jail should not be your daughter's only concern. The other attorney answers covered a lot of this, so I'll keep it brief. The likelihood of jail depends on the judge's tendencies, her criminal record, how cooperative she has been with probation, the nature and facts of both the original offense and the new offense, etc.
Based on your question, I would need more information to say whether the VOP or the new offense is a bigger problem for your daughter, as a theft of over $300.00 is a third degree felony, with maximum penalties of up to 5 years prison and/or probation, and up to a $5000 fine, as well as all the collateral consequences of being a convicted felon.
You should contact an attorney immediately. It is a delicate balancing act to handle both a VOP and the new felony that caused it. Depending on the facts, there may be defenses available to your daughter. Even if there is no defense, an attorney can still attempt to negotiate an acceptable outcome. Just remember that either of these case can have serious consequences, and the resolution of one case will effect the outcome of the other.
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