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lilraerae · Jan 19, 2008, 01:30 PM

My wife was put on unsupervised probation because of a DUI and was given community service and a fine. A week later she was caught shoplifting! Yea I know... Not good. She has a court date on Jan 30 and we are concerned with what is going to happen to her. Will the up her probation to supervised or are they going to put her in jail? She has a job, has completed her first set of community service and paid her fine. What are the chances they will put her in jail? Or will they just move the level of probation up? WE are really stressed!

Thanks

CaptainRich · Jan 19, 2008, 01:37 PM

If she is unsupervised now, she may still have some kind of contact number she can call, I hope.
Chance are good that she will get at least some time for violating, but that was probably spelled out at the time of her sentence.
Was she offered any counseling?
I got to tell you, though... shoplifting is never a good idea.

s_cianci · Jan 19, 2008, 01:42 PM

It could go either way. It's hard to say for sure. Having a job, completing her first set of community service and paying her fine will all weight in her favor. I can't make you any promises but as long as the theft amount was fairly nominal (i.e. misdemeanor and not felony) then you're probably looking at them upping the level of probation and adding more fines and more community service.

lilraerae · Jan 19, 2008, 04:25 PM

You really think she will go to Jail?? What is your experience in this area? WE have heard so many different things... I just have a hard time believing that someone who has a job and is living right will be put in jail, when there are so many people who really need to be in jail?.

What is your experience in this area?

Fr_Chuck · Jan 19, 2008, 04:37 PM

OK, while very sexist, they don't put women in jail as much as they do men. So that is going for her. Next has she reported this arrest to her probation department, that is important, so they don['t find out about it in the newspaper or running her name in background checks.

Since normally the DUI probation is more concerned over other drinking crimes, more than other crimes, unless she was drunk while stealing, I don't think the DUI probation will be a issue.

Now they may do a couple of weekends in jail, to "teach her a leson" but I doubt that, most likely a large fine and a 2nd probation.

If she gets caught again, then all bets would be off.

twinkiedooter · Jan 19, 2008, 04:40 PM

Right now she needs to go in person to probation and tell them what happened.

It's better for her to tell them ASAP rather they find out and then have her arrested for violating her probation by getting arrested. (Which technically violates her probation, by the way).

It's basically going to be up to the DUI judge what happens to her. The probation department can just recommend to the judge what they think, but in the end the judge is the one who makes this call.

s_cianci · Jan 19, 2008, 04:48 PM

Strictly, according to the letter of the law, yes, she could go to jail. But that doesn't mean that she necessarily will. The judge knows that someone in jail can't work (save for the 38 cents-per-hour stamping license plates), can't do community service (saving the taxpayers lots of $$ for work that the government would have to otherwise pay someone to do) and can't pay fines. Shoplifting is a non-violent crime. In fact, jail wouldn't even be an issue if not for the fact that this particular incident is a probation violation. That's why I think that the amount of the theft is going to be a key factor in how much mercy the judge will show your wife or not. If it was a petty amount like a $10 lipstick then I highly doubt that she'll go to jail. But if it was several hundred dollars then the judge may give her time. Now I'm not a legal expert and I've never dealt with this sort of thing directly. I'm just leaning on the experience of others' whose cases I've read about and what I've learned by researching open forums such as this.

fde · Jan 19, 2008, 06:32 PM

It sounds like your wife is depressed! Shoplifting is very common for women that are depressed. This will be the best advise you will have outside your council.
YOUR WIFE IS DEPRESSED even if she isn't she is you know what I mean. You get her council to ask for treatment. Some sort of diversion program PLUS phycological help and who cares how much it costs because she sounds like she could use it anyway!! She will avoid jail!

excon · Jan 20, 2008, 08:52 AM

Hello lil:

Don't lie to the judge. Being depressed isn't a defense. Sorry about fde.

excon

fde · Jan 20, 2008, 11:05 AM

It works !
Chances are she is depressed!

excon maybe you should drink the coolaid

s_cianci · Jan 20, 2008, 11:08 AM

It's true that depression isn't a valid defense. But I do think it's altogether possible that this woman is suffering from a form of depression ; first a DUI (suggesting a possible chemical imbalance/chemical dependency), then shoplifting while on probation for the DUI. Although this doesn't constitute a legal issue I think that she may benefit from some form of psychotherapy.