When put on probation, what happens when you dont pay your probation/ supervision fee, court cost and fines on time?
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.
Nothing contained in this message is to be construed as legal advice. Rather, the general information provided... more
Nothing contained in this message is to be construed as legal advice. Rather, the general information provided herein is based upon counsel's past experiences as a criminal defense attorney and are not necessarily specific to the facts and circumstances of this matter.
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.
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The responses of Attorney Chris Beck to any questions posed on Avvo do NOT establish an Attorney-client relationship. Attorney Beck is available for private hire and consultation for a fee. Only after Attorney Beck is retained as counsel, or agrees to discuss this matter with you privately, shall he be legally deemed to be your Attorney. His responses herein are an attempt to assist persons temporarily based upon the very extremely limited amount of information provided by the questioner
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.
Your boyfriend's response is the wrong response to following through on obligations with the court. He'd be wise to work out a payment plan in advance, and to follow up on all obligations, or things won't go well. Good luck.
Generally Speaking, when defendants choose to "not worry " about their financial responsibility to the court, Or obligations regarding probation, they have great success--At ending up in jail or prison!
This answer is for general information only and is not intended as legal advice regarding your specific situation.... more
This answer is for general information only and is not intended as legal advice regarding your specific situation. In order to assess your legal matter properly and obtain legal advice, you must contact an attorney directly. Provision of this general information does not create an attorney-client relationship.