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johanna123 · Jan 7, 2008, 10:09 PM

Hello,
My 19 year-old brother is in probation for a gun charge he got about one year ago. He was doing fine with his life, he got a job and recently promoted. He was staying out of trouble until a couple days ago. He had surgury about one week ago and was not on bed rest like he was told, anyway he had came along for the ride with me to the grocery store and while I was shopping he noticed he was bleeding out his wound so, he decided to open a first aid kit and took a bandage out. He was caught and the store called the cops and he was charge with larceny in the 6 degree. He was told by the cop he was responsible for the theft of the whole kit although he had just took the bandage. He has been given a court date to appear for his current charge but he has been losing a lot of sleep because he thinks since he has been charged he automatacally violated his probation. Will he have to do time for his violation or what will happen?

SonofSam · Jan 7, 2008, 10:19 PM

Technically he didn't steal anything unless he left the store without paying for it.

Couldn't he say he felt that his wound needed immediate attention, and planned on paying for the bandage before he left the store.

This sounds kind of weird, are there more details?

Its up to the PO as to whether he violated terms or not. The PO will probably investigate by taking his side of the story and reading the police report, and then determine the severity. PO will probably let him off with a warning.

JudyKayTee · Jan 8, 2008, 06:37 AM

Originally Posted by SonofSam

Technically he didn't steal anything unless he left the store without paying for it.

Couldn't he say he felt that his wound needed immediate attention, and planned on paying for the bandage before he left the store.

This sounds kinda weird, are there more details?

Its up to the PO as to whether he violated terms or not. The PO will probably investigate by taking his side of the story and reading the police report, and then determine the severity. PO will probably let him off with a warning.

Once he opened the kit (or the package or the box) and took something out he technically stole the entire kit - unless he took the entire kit with him and planned to pay for it. I can only assume from the way you explain things that he opened the kit, took out a bandage and put the kit back on the shelf. Only you and your brother know that. I've seen people who opened, for example, a video recorder box and "only" took a cable charged with theft of the entire vcr.

I don't know about violating probation -