Home > Research Legal Advice > Criminal Defense > I am on probation and cannot afford to make my payments. I also just bec...
Asked 11 months ago - Tampa, FL
FlagIs there a way to have them lower my payments or even waive them?
You are likely paying cost of supervision as well as court costs and fines. The probation department should have an application you can fill out to determine whether you qualify for lower or no cost of supervision. They are required to provide this application to you if you request it. If you are seeking to reduce your monthly payment for court costs and fines you will have to file a motion to modify and have a hearing before the judge.
You can only be violated for failing to pay your financial obligations if you have an ability to pay and willfully refuse to do so. You show good faith by telling your PO all of your living expenses and justifying why you can't pay your fees/costs. You can sometimes do community service in lieu of paying. You can also call the judge's office that placed you on probation and seek a hearing to modify your payments or make them a lien against you. You don't need a lawyer to do that since it appears you won't be able to hire private counsel due to your limited finances.
First meet with your probation officer and discuss the problem and look for guidance.
You could ask your Po to requet a hearing with the judge.
Or contact the attorney that represented you and ask for help.
If that doesn't resolve the matter I'd suggest you contact the judges judicial assistant that placed you on probation. Request a hearing and be prepared to explain and justify your position at the hearing.
In Detroit, where I practice, often times a judge will allow you to waive certain costs in lieu of perfoming an amount of community service. Generally not all costs/fines/fees can be waived, but this is likely your best shot.
If you can't afford the fees I'm sure you can't afford an attorney. Perhaps you can ask your probation officer about how to obtain the judge's permission.
Good luck.
Don't speak legalese? We define thousands of terms in plain English.
Browse our legal dictionary
