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    rob144's Avatar
    rob144 Posts: 8, Reputation: 1
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    #1

    Oct 8, 2007, 05:02 PM
    Felony charge second time
    Hello,
    I was wondering something. Say that you get convicted for felony theft and you are serving your punishment , say probation or house arrest. Then something from your past comes up and you get charged with another felony theft charge. But this second offense was committed three years ago. Would that be considered a violation of your proabtion? You did not actually committ the crime while on probation. It was committed years ago.

    Thanks
    Clough's Avatar
    Clough Posts: 26,677, Reputation: 1649
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    #2

    Oct 8, 2007, 05:10 PM
    Is this something that really happened or is it just hypothetical?
    rob144's Avatar
    rob144 Posts: 8, Reputation: 1
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    #3

    Oct 8, 2007, 05:26 PM
    I am in the process of court for the first offense. I have not been charged for the second but it did happen. I am just afraid that it will come up
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #4

    Oct 8, 2007, 05:40 PM
    Hello rob:

    No, it won't violate your probation. It might interrupt it while you do time on the second offense, and then take up where it left off when you're all done.

    excon
    rob144's Avatar
    rob144 Posts: 8, Reputation: 1
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    #5

    Oct 8, 2007, 06:00 PM
    excon,
    You have experienced it all haven't you?
    I have court on Wednesday. I am doing an open plea of guilty. For 3rd degree theft $20,000.
    Shameful I know. This is my first offense. Do you think I will get probation or maybe house arrest or heaven forbid jail? The DA did not make me an offer.
    Thanks

    Rob
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #6

    Oct 8, 2007, 06:05 PM
    Hello again, rob:

    I don't know the circumstances, so I couldn't say. I don't think I'd plead guilty without an agreement, though.

    excon
    rob144's Avatar
    rob144 Posts: 8, Reputation: 1
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    #7

    Oct 8, 2007, 06:25 PM
    What choice do I have. The DA is not making an offer. I confessed to the police because I was scared. I am guilty and I do not want a trial. I just want this to be done with asap.
    I cannot afford an attorney.
    Thanks
    Rob
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #8

    Oct 8, 2007, 06:30 PM
    The DA will never normally make a better offer to you plead not guilty.
    And you never ever confess. Why not want t trial, even if you are completely guilty you are no better off and can maybe be found not guilty.
    rob144's Avatar
    rob144 Posts: 8, Reputation: 1
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    #9

    Oct 8, 2007, 06:34 PM
    What do you mean the DA will never make a better offer? They made no offer at all. Is that normal?
    Thanks
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