QUESTION
What should I expect on probation violation for failure to pay?
Asked on Sep 19th, 2012 on Criminal Law - Florida
More details to this question:
I am currently on probation for larceny over $250. The only probation term was to pay restitution in the amount $500 on the day of sentencing, followed by $300 a month for 18 months. I did pay the initial $500, but lost my job and was unable to make the $300 /mo payments for 4 months. I received a letter with a court date for a probation violation hearing next week for failure to pay. I have found a job roughly 2 weeks ago and will be able to start making payments again; I am wondering what to expect at the hearing. Also, would walking into the courthouse with some money for a payment, say $400-600, be enough to convince the judge to not incarcerate me?
11 ANSWERS
Leonard A. Kaanta
You are facing jail time.
Answered on Oct 02nd, 2012 at 9:36 PM
Criminal Law Attorney serving Fremont, CA
at
Steven J. Alpers, A Professional Corporation
Update Your Profile
That will certainly help. Tell them you lost your job and you can now pay again. They may give you a short continuance to pay and then the judge may monitor your payments closely. If you can pay before court and show a receipt it will help.
Answered on Sep 27th, 2012 at 4:55 PM
Transportation Attorney serving Mamaroneck, NY
at
Palumbo & Associates, PC
Update Your Profile
Retain counsel.
Answered on Sep 21st, 2012 at 10:28 PM
Wrongful Termination Attorney serving Huntington Beach, CA
at
Nelson & Lawless
Update Your Profile
Fines and potentially jail. Tell your excuse/story and persuade the judge to show leniency.
Answered on Sep 21st, 2012 at 10:27 PM
Michael J. Breczinski
Well walking in with proof you have a job now and a payment would increase your chances of staying out of jail.
Answered on Sep 21st, 2012 at 10:26 PM
You better have an attorney go for you. An attorney can appear in court without you, so it is much less risky.
Answered on Sep 21st, 2012 at 10:25 PM
Michael Paul Vollandt
The Judge will mostly reinstate your probation because you had lost your job. But you need to let the court know in the future that you have a problem before the probation department violates you.
Answered on Sep 21st, 2012 at 10:25 PM
Banking Attorney serving Miami, FL
at
The Barrister Firm, P.A.
Update Your Profile
The judge must make a decision as to whether there has been a WILLFUL and voluntary violation of the terms/restrictions of your probation. If your employment was terminated and you've made attempts at gaining employment, I believe that it would be hard pressed to find that the nonpayment was willful or voluntary.
Answered on Sep 21st, 2012 at 10:24 PM
Appellate Attorney serving Grosse Pointe Farms, MI
at
Musilli Brennan Associates, PLLC
Update Your Profile
Get an attorney and explain why you were not able to comply with the order, and hope the judge agrees.
Answered on Sep 21st, 2012 at 10:24 PM
Thomas Edward Gates
It is unlikely you will get jail time. Tell the judge the circumstances. Do not suggest paying $400 - $600, the judge will wonder why the victim has not already gotten this money. But offer to try to get money together to make a payment of a some amount the court directs.
Answered on Sep 20th, 2012 at 12:40 PM
Criminal Defense Attorney serving Deltona, FL
at
R. Jason de Groot, P.A.
Update Your Profile
get counsel before you go to court.
Answered on Sep 20th, 2012 at 12:08 PM