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What happens if I can't pay my probation fee what will happen?

Boston, MA |

I have a trespassing and deadly weapon charge I was put on a three month stay away and clear without finding but I cant pay my fee for probation what will happen to me?

Attorney Answers 3


Non-payment of your probation service fee (either $50 or $65 per month) can be a violation of your probation. You should discuss your problem with your probation officer and see if something can be worked out. Probation fees can be converted into an equivalent amount of community service hours (4 or 8 hours per month), or the probation can be extended in order for you to pay the outstanding fees.

Good luck,

Dominic Pang (617-538-1127)

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Non-payment of your probation-supervision fee will likely result in a violation of probation notice and an arraignment on a violation of probation proceeding - even if you are in compliance otherwise. You do not want a violation of probation on your record. How the scenario plays out depends on how much contact you've had with the probation officer and the degree of compliance with the other terms of probation, including monthly reporting requirements. It also depends on whether your probation department is expecting monthly payments or whether you've been permitted by the court to pay the probation supervision fee on a lump-sum basis by the end of your probation.

You need to call your probation officer immediately because you do not want the probation officer to come casing after you. The courts need the money. It's good to make regular payments because you establish a record of compliance that way. If the probation officer feels like you are non-compliant and non-responsive, then he or she has no choice but to issue a notice for violation of probation, which will begin the proceedings against you. How in-touch you are with the probation officer will dictate whether you are permitted to appear on your own or by way of an arrest warrant.

The best course of action, again, is to take the initiative. If payment is impossible, you may be permitted to work it off through community service. If you cannot work it out with the probation officer, file a motion to advance the case in court and ask the judge.

This response does not constitute legal advice, which can only be given when there is an attorney-client relationship and when a full understanding of the facts and circumstances is established.

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Discuss this with your PO (probation officer) and explain how can they help you with this. One way is to ask the PO to bring the matter to judge and request the judge to allow community service in liue of the probation fees. Judges often inclined to allow it. If the PO violates you, it is OK because you will get a coourt date at which you (or your attorney) may suggest to the judge the same. Good luck!

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