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On supervised probation and received a petty larceny 3rd + offense. What am I looking at in terms of jail time?

Salem, VA |

I was on probation before and violated for the same offense. Received prison time, taken off of probation for the original charge but placed on 2 years supervised probation for the new charge. Currently, have been on probation since Sept 2012 and other than this new charge, I have complied with all the terms. I am a student at a local community college, work a full-time job, have visitation with me son every weekend, and have paid the court costs I am on probation for. I know I messed up once again. What can I expect from my probation officer and the violation hearing?

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Attorney answers 2


You need to meet with an attorney ASAP. Given your previous violation of probation by committing a new larceny offense, the judge is unlikely to cut you a break either on the new charge (which carries a maximum of 5 years) or on the probation violation. I don't know how much time you have over your head on probation, but you are a good candidate to serve all or most of that suspended sentence.


To start, the petit 3rd is a felony charge in Virginia. To echo the prior response, the fact that you were already violated once, and served time for that violation, the judge is likely not going to be amenable to "cutting you a break". You need to talk to a local criminal defense attorney about your circumstances and to begin to develop a strategy to minimize your jail time.

Good luck.

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James Garrett
Garrett Law Group, PLC
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Responding to questions on AVVO does not establish an attorney-client relationship between the questioner and any attorney associated with Garrett Law Group, PLC. Responses should be considered and used for informational purposes only. Every case is unique in its facts, and all legal matters should be discussed with a licensed attorney prior to making any decisions or taking any actions.

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