Ok I was charged for a 2 nd dui i have paid $1314.00 to the P. O.of the ordered $1572.00 but they add$90.00 for C.S. charges and $528.00 plus $50.00 to release me from Probation for a total $2240.00 plus time in Jail 10 days plus 240 hours of C.S. Went to court on Mar 1 2012 was told I have 12 months on probation. With 4 months to go I missed one payment now the probation officer is talking to send me back before the judge to revoke my probation. I lost my job and can't find another one yet. What can or will happen now? I called the public defenders office but they would not help me and I think I am about to be railroaded again by the same judge that railroaded me not letting me move my 2nd court date ahead a few weeks and with out a lawyer told me i had to plea out or have a trial then
Many judges will not violate your probation for not paying if you truly do not have the money. HOWEVER, it is still vitally important that you keep all of your scheduled probation appointments, and do everything else because if you miss an appointment or fail to complete the other requirements those are separate violations of your probation. If the issue is that you truly don't have the money let the judge know, but make sure you meet your other probation terms and conditions.
Most jurisdictions consider that you are not eligible for a public defender for a probation revocation, so you would need to hire a private attorney if you want representation, which is something you need to do if you are at all able. Given that, the fact that the probation officer has not revoked your probation already, and wants to set a hearing is a good sign. A Judge will not likely revoke your probation for failure to pay if you can prove that you are truly unable to pay. If the revocation is based on new charges or failure to do community service, report, or failing a drug screen is another matter. If you are unable to hire an attorney, just make sure to continue showing up for probation meetings and comply with all of the other conditions of your probation. Then, if a hearing is set, make sure to be able to articulate to the judge your exact financial situation, how much you have paid into probation so far, and all of the efforts you have made to pay and to find employment. If the Judge feels that you have made every effort to complete your probation and pay your fines, you may be ok. However, he will not accept any lame excuses, so go into this prepared to explain everything and back it up as if your freedom depended on it.
Ideally, paying your fines and fees before your hearing would greatly help, but it sounds like you cannot do so. Get proof that you lost your job if possible. Keep going to see your probation officer and keep your appointments regardless of if you cannot pay. Missing your appointments is worse than missing payments. It sounds like you've done a good job so far and the judge should take that in consideration should you actually have a probation revocation hearing. If at all possible, get an attorney to represent you.
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