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Are there any guidelines for a person on probation that has a disability that doesn't work?

Atlanta, GA |

My husband was placed on probation from not being able to pay a traffic ticket. He has a disability and does not work. Therefore, he has to rely on my income to pay the fees. He was told by the probation officer that if he does not pay his first payment today, then he will have jail time.

Attorney Answers 3

  1. The failure to pay can result in jail time, however the accused must have the ability to pay. Like most things in the criminal justice system, it comes down t proof. Many times the fines will be converted to community service at minimum wage.

  2. If he is disabled and is receiving SSI or other benefits, he has some financial ability to pay. Moreover, they cannot convert his fine to community service if he is disabled; if he cannot work, he cannot do community service. He needs to make his fine payments. Failing to pay anything will end up in his incarceration. He needs to make a payment.

  3. Courts and probation offices may have general guidelines about various terms of probation, but those guidelines may vary greatly from one county to the next. Your husband should take the probation officer's statement very seriously. If payment of a fine is a term of his sentence/probation, then he must pay the fine. Otherwise, he can be held in jail until a probation revocation hearing is scheduled, which may take days or weeks.

    Answers to questions on this web site are for informational purposes only and do not constitute legal advice. Unless you and Troy W. Marsh, Jr. have signed a written contract, Troy W. Marsh, Jr. is not your attorney, and you are not his client.

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