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If I am due in court for a possible revocation of a charge, can a different charge in a different county affect that decision?

Atlanta, GA |

I was served with violation of probation due to none payment of fines.Financial issues. While on probation, I received a different charge in a different county. Can this be used against me?

Attorney Answers 2


A judge cannot revoke your probation for willfully not paying fines. This means that if you have no money, probation cannot be revoked solely because of that. However, if you have money, and probation knows you've been spending your money on extravagant vacations and "extras," then you may have a problem. If you have a new charge in a new county, that alone can be used to revoke your probation IF the new charge happened while you were already on probation. If you were arrested for both offenses before being placed on probation, you can't be revoked. You need to contact the attorney who represented you before.

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Most judges will not revoke a person for failure to pay fines alone if that person can show an inability to pay. What you need to do is gather up as much financial information as you can so that you can show the judge where your income goes. The new charge in another county is also evidence of a violation of your probation (probation rules include the requirement that you obey the laws of any governmental unit. You really need an attorney to represent you at the probation revocation hearing.

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