I already got violated by her once my fault!but she tried to put me in prison she was clearly mad I got out and the first thing she say is to ask me when I'm going to pay 144$ I'm behind I just got out of jail I paid for a lawyer I paid all court cost every condition done! I'm broke now I couldn't come up with a time so she got impatient and asked me when she needed to violate me thanksgiving or christmas!I'm shocked,and im scared help please p.s I'm white she's black officer tanner
Criminal Defense Attorney
I'm sorry but, frankly, I don't believe your story.
There is no such thing as a "debtor's prison" in the US (or in FL). If monetary conditions are all that are outstanding then the State can try to violate you, but in order for the Judge to do so s/he will first have to determine that you "willfully and substantially" failed to comply with the terms and conditions of your probation.
"Willfulness" requires some degree of choice. If you have money and choose to spend it on things other than your Court Ordered obligations then you can be punished; but if you truly do not, and if the State cannot prove that you made such a choice, then you cannot be jailed. The Court can either extend your probation (assuming that there remains statutorily permissible time for such an extension), convert your balance to either a criminal order (in the case of restitution) or community service hours (in the case of monies other than restitution) or s/he may be able to waive the costs / fees / fines and simply terminate your probation (successfully or unsuccessfully, as s/he sees fit).
My advise to you is to keep accurate records of your finances (income and expenses) and not to sweat it (unless, of course, you are willfully not paying).
That said, you had better get used to the idea that she, your PO, whether black, white, purple, yellow, orange or blue, has absolute authority over you, and you had better get used to that idea fast.
Your PO is neither your friend nor your psychologist. She is not there to babysit, cuddle, stroke, soothe, or even be nice to you. Like a great white shark she has only 2 functions in your life: Staying in your grill (until she is satisfied that you are safely on auto pilot) and violating your a** if / when your screw up.
Probation sucks. I'm sure that you could arrange to do time if you prefer, but if not then my advise is that you had better toughen up, bunker down and be prepared to eat a lot of crow. You may live in Orlando but probation isn't Disney World. Like the commercial says: Suck it up Buttercup. You made your bed now you must sleep in it.
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Criminal Defense Attorney
You can submit a request to a supervisor in the probation office, but you can't force them to give you a new probation officer. The court does not have the jurisdiction to order which particular probation officer can be assigned to your case. But you can bring this matter to the attention of a supervisor and complain about it, request a new officer, and by the very least create a paper trail that you are having this problem prior to the issuance of another VOP.
This is not to be considered legal advice nor does an attorney-client relationship exist.
Criminal Defense Attorney
The only way to get a new probation officer is to move out of the area that the officer supervises. As mentioned earlier, your next officer won't be any more lenient. Other than that make sure that you pay something on the costs each month, even if it's only $10. That way you can show the judge that you are at least trying to comply. I certainly respect what Mr. Haber said about their being no debtors prison in this country, but that doesn't mean that no one is in prison for failing to pay money. Do what you have to do and get the money paid asap.
For more information or to set up a free initial consultation contact the Mangrum Law Firm at 407-349-7474 or MangrumLaw@gmail.com. This answer does not, nor is it intended to, create an attorney-client relationship. It is offered for informational purposes only. Please consult with a licensed attorney before making any legal decisions.
4 lawyers agree
DUI / DWI Attorney
Not paying your monthly costs of supervision may not be a willful and material violation of probation sufficient to send you to jail.
Every case and situation is different and vary greatly depending on specific facts. My posts are not to be considered complete answers to each question. My posts do not constitute an attorney/client relationship. I am only licensed to practice in the State of Florida and in federal courts. Florida Bar #337821, admitted 1982.