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Need to understand more of what can or will happen if I am stent back before a Judge for not doing all of my probation fines.

Macon, GA |

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

Thank to all that has took their time to try and help me understand this! But what i need to know is can the judge add more time to the 4 months I have left and can he add more money? And if he does revoke my probation how long can he lock me up for?

Attorney Answers 5

Posted

Getting an attorney will help. If you did not make your payment as ordered by the court you are looking at a potential probation violation and can be sentenced to jail time.
Robert Driessen

Mr. Driessen is a former Deputy DA in Orange County with over 8 years of criminal law experience. Nothing stated on this site shall in anyway be construed as legal advice, or as creating any attorney client relationship. If you would like to hire Mr. Driessen, feel free to contact him at www.theocduiguy.com.

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Asker

Posted

Ok yes but can I be made to pay more money and or can I be made to stay longer on probation? Thank you for any info.

Asker

Posted

With only 4 months left on my 12 months can I be made to stay that time in jail? Can the judge order me to go to jail and more time or and fines too? Longer then my 12 months ? or will it still be the 4 months?

Posted

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.

James L. Yeargan, Jr. is licensed to practice law in the State of Georgia. All information given is based only on Georgia law, and is not directly applicable to any other jurisdictions, states, or districts. This response, or any response, is not legal advice. This response, or any response, does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information. Any state specific concerns should be directed to an attorney who is licensed to practice law in that respective state.

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Amanda Michelle Grantham

Amanda Michelle Grantham

Posted

If you were sentenced to 12 months probation, and you only have 4 months left, the judge cannot revoke more than the balance you have left on probation. Nor can the judge add more money. He can revoke the balance of the probation but that would absolve you of the remaining financial obligations you may have. Hope that answers your question.

Amanda Michelle Grantham

Amanda Michelle Grantham

Posted

Also, Attorney Yeargan is right in every respect to this question - how to succeed on probation.

Posted

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.

The above information is general in nature. In order to obtain more specific and legal advice upon which to base your important decisions, please contact our office directly for a free phone or in person consultation. Robert M. Gardner, Jr. Hicks, Massey & Gardner, LLP hmgrmg@yahoo.com 53 W. Candler St. Or 718 Oak St. Winder, Ga. 30680 Gainesville, Georgia (770) 307-4899 (770) 538-0555 gadebtlaw.com hicksmasseyandgardner.com serving metro Atlanta and all of Northeast Georgia Bankruptcy, Divorce, Personal Injury, Worker’s Compensation, Medical Malpractice, Adoption, Civil and Criminal Litigation

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Posted

You need to hire an experienced criminal defense lawyer. In addition, get caught up on the monies owed immediately. The judge can revoke your probation and require you to serve jail time for failing to comply with the requirements of probation.

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Posted

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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