QUESTION

Can your Lawyer in a Criminal Case put you behind bars for nonpayment?

Asked on Jun 07th, 2021 on Criminal Law - Florida
More details to this question:
I am asking this question because...someone I know has had a Criminal Case against him that he served time for but...since Released he can not pay his Lawyer at this time. Can the Lawyer have this person put back into Jail because of this? Thank you for your time...
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1 ANSWER

Criminal Law Attorney serving Bartow, FL
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The short, basic, answer is "no."  The United States does not allow what in the past was referred to as "debtor's prison" (i.e., prison time for failure to pay a debt).  However, there are nuances.   For example, if, in addition to a prison sentence, the defendant also was sentenced to prison followed by probation, and if the court ordered, as a condition of probation, that the Defendant pay for services of his attorney (such as the Public Defender or court-appointed attorney), then it is possible that the Defendant could have his probation revoked and sentenced to incarceration if he had the ability to pay and knowingly and intentionally did not.   That could be a knowing and willful violation of probation (and/or also be contempt of court for willfully failing to obey a court order).  But note, under that scenario, he could not be sentenced to jail or prison if he did not have the ability to pay. That, of course, does not keep the defendant from being sued, civilly, if he was represented by a private attorney.  But such a civil law suit would not involve incarceration. So if the Defendant has the ability to pay, he should.  If he does not have the ability to pay, he could try to negotiate with the person to whom he owes the money in order to avoid being sued civilly.  It is also possible that if he does not have the ability to pay, and has no assets that could be levied against, that the lawyer will not file any law suit.  That, however, is impossible to predict.    
Answered on Jun 08th, 2021 at 6:41 AM

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