What can my friend do to not violate his parole?

Tampa, FL Viewed 47 times. Posted 3 months ago in Criminal Defense

My friend is a brilliant man. He's educated and just happened to use his education in the wrong way (19 counts of computer fraud to my understanding). He was released on parole and sentenced to house arrest (without anklet) and to a PMG group. Unfortunately, he's only allowed to look for a job 4 hours one day a week. He hasn't been able to find a job yet and PMG is telling him that if he doesn't have the money to pay for the sessions, he'll be in violations of his parole terms. He doesn't have a license and he cant borrow money from anyone to help him because no one has money. What can my friend do to fight going back to jail in september if he doesn't have the money to pay PMG?

Answers (2)

Randall Lee Berman

This attorney is licensed in Florida and 1 other state. Posted 3 months ago.

Your friend needs to set a hearing before the sentencing judge to modify the terms of his parole to waive the fees as he doesn't have the ability to pay. In the alternative, he could offer to do community service hours in lieu of the fee. We did away with debtors prisons a while back. If he truly can't afford the fees, the law is clear that he can't be violated. However, if he has any assets, the court might require him to liquidate those to pay the fees. If he waits for a violation to be filed and a warrant issued, then he will be waiting in custody until he requests the modification, so my advice is to get a hearing set before that happens.

John Patrick Guidry II

This attorney is licensed in Florida. Posted 2 months ago.

I agree with the answer above, and would add that sometimes probation officers use these financial situations to intimidate probationers into the more serious violation of failing to appear. As stated above, you shouldn't be violated for financial reasons, but probation officers have been known to scare defendants into not showing up at probation because they are threatening arrest on a violation due to lack of payments. Make sure your friend holds his ground and continues to follow parole perfectly, even in the face of violation threats.

John Guidry II
www.jgcrimlaw.com