August 2012, my boyfriend pleaded to a misd. charge and was put on probation for 2 yrs, and admitted to drug court. The courts enforced him to pay ALL fine/fees by November 2012. The due date has passed, and he has made no payment to the courts. He tells me not to worry, fines will go to collections and set him up with a payment plan. I am also not sure if he is following his DC obligations.
Well, first, your boyfriend's assertion "not to worry" is seriously misplaced. Failure to pay fines and costs in a timely fashion - even those associated with the supervision - can cause the court to issue a warrant for his arrest.
Assuming that part of his probation was that he pay these costs and fines, failure to do so could amount to a probation violation the result of which could be the imposition of jail time. Regardless, it all depends upon the county, the judge and customs of the court, but this is nothing to take lightly. In the county in which I practice, our Courts take non-payment of fines and costs very seriously, and it aggressively issue warrants and imposes jail time as violations of the offender's probation.
Go speak to an attorney first and he or she will help guide your boyfriend on how best to start making his court-ordered payments in such a fashion that hopefully does not result in the issuance of a warrant for his arrest.
Adam C. Stone, Attorney and
Counselor at Law, Ltd.
840 South Sandusky Avenue
Bucyrus, Ohio 44820
Telephone: (419) 562-2110
Facsimile: (419) 562-1660
The easy answer is to have him pay the fees asap. Failure to pay could remove him from drug court. I have seen a lot of courts try to violate a probationer and put them in jail for unpaid fines. There is some great statutory and case law on the court's ability to violate probation and jail a person for non-payment. I don't believe I would tell him not to worry because even the best case law isn't going to help the jail time he does waiting for the attorney to be given a hearing to make the argument. He should pay it off then he wouldn't need to worry. If he doesn't pay then he should worry or at least have a good attorney on retainer who can make the argument. Paying the court is probably less than the attorney fee. Good luck.
Attorney Chris Beck
Beck Law Office, L.L.C.
Your boyfriend's failure to timely pay his fine and costs could result in revocation of his probation. It could also result in his removal from the drug court program. Both of these possibilities could result in serious consequences, especially if he was given a suspended jail sentence. It depends on the County and the Judge. If his case is in Franklin County, I highly suggest contacting an attorney who can determine whether a warrant has been issued for his failure to pay, and whether a Statement of Violation of probation terms has been filed with the Judge. Feel free to contact our Columbus office at 614-444-3036 for assistance.
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