Where do i find out the truth about waived supervision fees ?

Asked almost 5 years ago - Clearwater, FL

I was convicted of a DUI in Pasco county Florida and immediately had my probation transfered to Pinellas county where i live. The initial probation officer i was assigned to told me that the he would waive the cost of my supervision because i am on SSI disability. However the second P.O. seems to know nothing about this practice. She has requested proof of my Social Security Disability (which i gave to her and she promptly lost) and has been putting off this question for the last 3 months. What initially started off as a good re-pore with this second P.O. has QUICKLY gone south. She now seems hell bent on making my life more miserable (if that could be possible). How can i find out without putting myself on the troublemakers list?

Attorney answers (4)

  1. Catherine Ann Drees

    Pro

    Contributor Level 13

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    Answered . The first thing you need to do is ask for her supervisor's name. We are seeing a huge change in probation with the waiving of fees due to the economy. People who are disabled and living on SSI do not have the means to pay probation fees or any other fees.

    Write a letter to the Judge asking them not to violate you for failure to pay fees due to your disability. This way if the immature probation officer attempts to violate you , the Judge will have your letter in the file. Please do not forget to send a copy to the State Attorneys Office with your case number in the letter so they can properly file said letter. You do not want to be caught trying to ex parte the Judge.

    After the letter is sent tell the probation officer that SSI disability cannot be liened or attached, thus rendering it not a source of income which can be used for any purpose other than living expenses.
    I know this sounds unusual, but this could be considered a violation of your civil rights if they try to divest you of Federal payments under SSI.

    Good luck
    Catherine

  2. John Patrick Guidry II

    Contributor Level 15

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    Answered . Don't wait for probation to act on your request. Contact your (an) attorney immediately, present your SSI paperwork to your attorney and have your attorney file a motion with the judge to waive the costs of supervision. Most judges will grant this motion in a limited way, allowing for the waiver of supervision fees so long as you continue to provide proof of SSI. In other words, the moment the SSI is gone, so is the wavier of fees.

    If you are unable to have your previous attorney handle this matter (should be free!), simply write a brief letter to the judge titled "Request to Waive Probation Supervision Costs", explain your situation, and attach SSI proof (black out personal data such as your Social Security Number, of course). File the original letter with the clerk of court, hand deliver a copy to the judge's office, and a copy to the state attorney's office. Follow up with a phone call to the judge's assistant, asking the "JA" if you need to schedule a hearing to speak with the judge about this matter.

    Good Luck,

    John Guidry
    www.jgcrimlaw.com

  3. Lloyd Harris Golburgh

    Contributor Level 11

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    Answered . Your best bet is to go back before the judge who imposed the sentence and ask him/her to waive the cost of supervision. If the judge agrees, get it in writing (a court order). That will clear up the problem.

  4. Mark Timothy Conan

    Contributor Level 11

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    Answered . Guidry gave you a great answer. The only addition I would add would be the name of your first probation officer who indicated these fees could be waived.

    Good luck,

    Mark

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