My son was given a Year of probation for a weed charge he did about 7 months and his probation was revoked for drity UA then

Asked over 1 year ago - Spring, TX

Given one more year.he was not able to pay all his fees. Four days before his year is completed . his probation is revoked and he has to go to jail. Can your probation be revoked for not paying some of your probation fees 4 days before you get off of probation.

Attorney answers (4)

  1. Macy Michelle Jaggers

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    Contributor Level 20

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    Answered . Of course. He cannot be successfully discharged from probation if he has not completed his conditions. They had to file the motion. If you can pay off the balance, the State may agree to give him a successful discharge. Otherwise, he will probably be convicted and possibly be sentenced to more jail time.

    Macy Jaggers's answer to a legal question on Avvo does not establish an attorney-client relationship. Ms. Jaggers... more
  2. Peyton Zimmerman Peebles III

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    Contributor Level 13

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    Answered . The answer is yes. However, there is an affirmative defense to revoking a probation for failure to pay fees if the person can demonstrate that they were indigent and unable to pay them. This is not available to other types of money issues, but if the only allegation is failure to pay court-ordered fees then you might consider it. Otherwise, the judge can revoke the probation and sentence your son to a term of confinement.

    *** The fact that you solicited advice over a public forum waives any attorney-client privilege thus far. In... more
  3. Ryan Joseph Mitchell

    Contributor Level 12

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    Answered . This is a complicated question. Before, I became a defense attorney I was a prosecutor with the Harris County District Attorney's Office and saw this same scenario many times. First, you can be revoked for failure to pay fees but it is a defense to that if you are unable to pay fees. This will have to be proven at the hearing. However, they can revoke based off of the prior RUA fail. You may need to hire an attorney to help you out in this case. Hopefully, this helped you. The best bet might be to shop around and contact some attorneys. Most attorneys, including myself, offer free consultations and many offer some sort of payment plan.

    Answering this question does not create an attorney-client relationship. Legal advice has not been given. Also,... more
  4. Carlos Blumberg

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    Contributor Level 14

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    Answered . I'm only licensed in Nevada, so it may be different in Texas. If you don't meet ALL your court obligations, including paying fines, your probation can be revoked. As you know, representing yourself in a criminal matter can be very tricky. I strongly suggest you retain a local licensed attorney in Texas to assist you in this matter. Once the fees are paid, perhaps your attorney can file a motion requesting the probation be terminated early. Thank you and I wish you and your son the best of luck!

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