My conviction was for posession of marijuana for which I served a few years. My conviction had nothing to do with fraud or money issues.
I've been on federal probation/supervised release for the past 3 years. I have not listed my credit card debts on my monthly financial statements and I am thinking of filing for bankruptcy although I am worried that I will be charged for statements.
I'm worried that I will be charged and arrested for false statements on my monthly probation reports. It was never my intention to file for bankruptcy but I'm in over my head now.
Although it is possible for them to charge you with making false statements, it is very unlikely. When dealing with probation officers, honesty is always the best policy and I would simply tell them about the credit cards and the fact that you were not attempting to deceive them, you simply did not know if they needed to be included or not. I would sit down with an attorney in the Springs to talk about exactly how to approach this with your PO.
Federal Crime Lawyer
The main purpose of the financial disclosures is to locate assets to pay a fine or restitution. Failing to identify all of your debts does not seem like the sort of disclosure that the probation officer would be concerned about. Tell your po about the debts and that you are considering filing for bankruptcy. Or, you could wait until you finish your supervised release before filing for bankruptcy.
This answer is provided for educational purposes only and is not intended as the practice of law in any jurisdiction in which I am not licensed. The answer does not constitute legal advice nor does it create an attorney-client relationship. The answer is based only on the information provided, and may be inaccurate in the context of additional facts that have not been provided. The questioner should be aware that I am only licensed to practice law in the state and federal courts of Minnesota. Accordingly, before taking any action or refraining from taking any action, the questioner should consult with an attorney licensed to practice in his or her jurisdiction.
It is impossible to guess what your probation officer will do. It depends on how every other aspect of your supervision has been. How long have you been on supervision? Have you followed all the other rules? Was this simply an oversight? Do you have a good relationship with the probation officer?
It is probabaly advisable for you to sit down with your probation officer and discuss this before you do it. You should sit down with a lawyer who knows your situation, and the probation department before you sit down with the probation officer, though.
Financial disclosure is a normal condition of probation or supervised release in cases in which a fine or restitution is ordered, and the willful failure of the defendant to comply with such disclosure may be a valid reason for modification or revocation. However, in your case, it is extremely unlikely that you will encounter any problems from your probation officer if you do not owe a fine or restitution, or are not delinquent. I recommend that you discuss the issue with your probation officer candidly, or have an attorney do so if you are not comfortable addressing the issue yourself. Have you considered moving the District Court to terminate your term of supervised release?
Joshua Sabert Lowther, Esq.
NATIONAL FEDERAL DEFENSE GROUP