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Sent letters to a judge asking for leniency and extension on classes, his response was No Court Action+ am I going to jail?

Leesburg, FL |

I had a felony turned misdemeanor and was sentenced to a 60 day jail sentence or do 29 weeks of BIP classes and pay $800+ in court fines, I lost my job and went to South Dakota to work the bike rally [missing 6 classes] in order to pay off my bills. I havent paid anything to my court fines because of the lack of income I receive that finances only my child necessities and my rent/utilities. Me, My Pastor and Victim in the case [father of my child] wrote letters to the judge asking for leniency on the fines and extension on my classes. I looked up my case online and it says Judge Response: No Court Action, but Defendants Request has been denied. Its my first offense & I am in Florida. Am I going to Jail? Did he say no court action because hes about to issue a Warrant? Any answer?

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Attorney answers 5

Posted

Not yet, it just means the judge denied your request. If you are on probation there may not be much time to extend the class deadline. That class takes forever to complete so hopefully you are already enrolled. Make sure that you complete everything without a financial component.

www.BryceFetter.com

Asker

Posted

I'm not on probation or anything. Just was sentenced to have the classes completed and court fines to be paid in full by 11/26/2012. Which is tomorrow. I'm completely nervous and I have PD in which I havent paid for because I havent had anything to pay towards my court fines. I can maybe hire a lawyer last minute with the only $300 in my savings, I dont know if thats going to help. Its my first offense, the victim didnt want to press charges but the state picked up the case anyway.

Jonathan Hackworth

Jonathan Hackworth

Posted

I would recommend you prepare a plan to present to the judge for completing the classes, like I have signed up for the classes, the classes are set to occur on the next four weekends and by mid-December the classes will be complete. In my experience, judges hate several things from those on probation or being tasked with completing things for the court: 1. Not completing said tasks, and 2. Not having a real plan to complete the tasks within a reasonable time. With all due respect, it does not appear you have either. Judges will generally ask you what efforts you have made to complete the tasks, so I would be prepared to respond more fully than you simply don't have any money. Good luck, if you have any other questions, give me a call.

Asker

Posted

Thank you. No offense taking. I understand what you're saying. Tomorrow is my completion date. I'll be going to the State Attorneys office to see if I can get weekend jail time to be with my son during the week. But I fully understand what you mean about the planning, I have 4 classes lest and $1009.00 in court fines, if I can tell the judge it will be paid within 3-4 months as well completing my classes, hopefully I can get out of doing jail but if push comes to shove, its my first offense and I've never been in jail at all, I believe weekend verses doing the whole 60 days would be acceptable IF THEY approve of it..

Jonathan Hackworth

Jonathan Hackworth

Posted

I would also see if they will let you complete some of the fine through community service hours. If you are able to do that, find a place and prepare a plan for the judge like completing 20 hours a week broken down 10 hours on Friday and Saturday, if they will allow it. In my experience, judges want to see effort because they hear so many excuses from so many people, attorneys included. They also want to know how you will finish things because just like everyone they want to get people successfully through the criminal justice system. Good luck tomorrow, if there is anything I can do for you don't hesitate to contact me

Asker

Posted

Thank you. I appreciate everything and the information provided. I will be sure to have my head held tomorrow and I do have your contact information and if anything goes out of my reach tomorrow, I'll be sure to give you a call. Thank you so much Mr. Hackworth. You've given me some hope about tomorrow. I will be writing a review on your profile. Thumbs up!

Jonathan Hackworth

Jonathan Hackworth

Posted

I appreciate the kind words. Good luck today. If there is anything I can do for you, don't hesitate to give me a call.

Jonathan Hackworth

Jonathan Hackworth

Posted

So how did it go?

Posted

Sending a letter to the judge will result in nothing because the judge isn't going to just respond to your letter. If you want something done then you need to file a proper motion. The motion must be filed with the clerk of court and a copy provided to the state attorney. Contact the judge's assistant to schedule a hearing.

The judge may not have much ability to change the "fines" and court costs since most may be outside of the judge's jurisdiction. Set it for a hearing so this can be discussed further in open court.

This is not to be considered legal advice nor does an attorney-client relationship exist.

Asker

Posted

I'm not on probation or anything. Just was sentenced to have the classes completed and court fines to be paid in full by 11/26/2012. Which is tomorrow. I'm completely nervous and I have PD in which I havent paid for because I havent had anything to pay towards my court fines. I can maybe hire a lawyer last minute with the only $300 in my savings, I dont know if thats going to help. Its my first offense, the victim didnt want to press charges but the state picked up the case anyway.

Eric J Trabin

Eric J Trabin

Posted

The judge may have imposed a condition to complete paying the costs by that date by having something happen, even if you aren't on probation. I don't know whether it happened in your case, but a judge could have a person's license suspended by a certain date if costs aren't paid, or hold the person in contempt. You should make a partial payment towards your costs if you are hoping for leniency, but it needs to be set for a hearing if you are requesting more time.

Posted

A warrant will likely issue once your time has expired for completing the terms. You should prepare yourself to do the 60 days. Or better yet, hire a lawyer to properly request an extension or modification.

This content is informational only and does not establish an attorney-client relationship.

Asker

Posted

I'm not on probation or anything. Just was sentenced to have the classes completed and court fines to be paid in full by 11/26/2012. Which is tomorrow. I'm completely nervous and I have PD in which I havent paid for because I havent had anything to pay towards my court fines. I can maybe hire a lawyer last minute with the only $300 in my savings, I dont know if thats going to help. Its my first offense, the victim didnt want to press charges but the state picked up the case anyway.

Mark Nickolas Longwell

Mark Nickolas Longwell

Posted

I'm very familiar with the type of sentence you were apparently given. We can go to the judge and seek an extension or modification, but $300 won't be enough to hire a decent lawyer. If you can come up with $600 and make a few affordable payments, we might be able to help you. Feel free to contact my office for a free telephone or in-person confidential consultation. 407-426-5757 or go to LongwellLawyers.com. We open at 8:30 am on Monday.

Posted

It is hard to say. It could mean that the Court is not taking any action in response to your letter as it is not really a formal motion. The judge could be issuing a warrant or perhaps not doing anything until he gets something saying from the clerk indicating your failure to pay fines or communication from the BIP program that you missed classes. Either way i would get a lawyer to look into it immediately because if you have a suspended sentence and did not complete your conditions you are looking at jail time. Hopefully that is not the case and I hope a Leesburg criminal lawyer will step in to further advise you on your question.

Please be advised that answering your questions does not establish an attorney-client relationship with myself or my firm. We would be more than happy to set up a free consultation if you call us at 407-588-6714 and specifically mention AVVO or email me at bill@thelawman.net and put AVVO in the subject line.

Asker

Posted

Thank you. I Just was sentenced to have the classes completed and court fines to be paid in full by 11/26/2012. Which is tomorrow. I'm completely nervous and I have PD in which I havent paid for because I havent had anything to pay towards my court fines. I can maybe hire a lawyer last minute with the only $300 in my savings, I dont know if thats going to help. Its my first offense, the victim didnt want to press charges but the state picked up the case anyway.

Posted

He put in no court action because he is not extending nor is he ordering a warrant at this time. You should talk to the lawyer you originally had representing you and see what might be done. Starting payments and classes again is better than holing up and hoping it will blow over.

Confidential information should not be disclosed in this Internet forum. Click on the "More..." link for IMPORTANT INFORMATION about this AVVO Answer. . . . . . . . . . . . . . . . . . . . . . . . . . . . I am an experienced Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.

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