I am on probation for a misd. domestic. I cannot pay cost of supervision ( Salvation Army) or court cost, will that violate me?

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I have been disabled for 5 years and waiting on a decision from my hearing so I have no income. I am going to the classes as ordered and I am barely able to afford them, I have paid a small amount towards supervision cost and one court cost payment. I cannot pay fees at all and I am off probation in one month. My PO is saying she will violate me.

Attorney Answers

3
Martin White ·
Technically, a violation of probation must be willful. If you are violated, I recommend that you speak to a public defender for assistance. Good luck.
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Larry Mcmillan ·
The probation officer would have to find that you have willfully failed to pay. If she/he cannot establish that you essentially have the ability to pay, but refuse to pay, they will be hard pressed to convince a judge to violation your probation.
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tephen Andrew MoscaCriminal Defense AttorneyJacksonville, FL ·
Such violations are technical in nature, and they have to be willful and substantial. Make sure you have records of your injuries and disabilities claims in order to show the court that your not paying these costs is not willful, in other words, it's NOT that you have the money and simply refuse to pay. Then, you can deny the violation and claim it is technical, but not willful. If you can show that you are not working because of your disability, then the violation should not stick. The court has other options as to these costs if you truly cannot pay them (civil judgment, waive the costs of supervision, extend the term, etc.). If the court offers you an attorney, then accept that and consult with the attorney. Good luck.
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