I have Multiple Sclerosis. My current probation officer is asking for a doctor's letter detailing why I can't work. My previous probation officer, who no longer works there, simply wanted my social security disability award letter. I also had a misdemeanor case where the judge made my costs and fines into a civil judgement.
You haven't learned that you will get prosecuted if you violate the law? There are no facts worth mentioning? You just want us to know that you have MS and violate the law, and you want to know if the judge will waive the court costs and fines because you cannot pay them. That is up to the judge.
R. Jason de Groot, Esq. We do not have an attorney-client relationship. I am not your lawyer. The statements I make do not constitute legal advice. Any statements made by me are based upon the limited facts you have presented, and under the premise that you will consult with a local attorney. This is not an attempt to solicit business. This disclaimer is in addition to any disclaimers that this website has made. I am only licensed in Florida.
The court cannot waive certain costs. Whether yours are eligible waiver is one you must ask your criminal defense attorney, not us, since we know nothing about your case. Poor people must repay costs every day, so being on SSD is not a winning argument.
As to the issue of your court costs, fines and costs of supervision, those are issues for the Judge. I know that the Judge can waive fines and costs of supervision (whether or not s/he will do so depends upon your financial disclosure and the Judge's colloquy of you in that regard) but the court costs may be mandatory. Regardless, a formal motion to waive the same is required.
As to your new PO, If I were you I'd get used to the idea that, like it or not you are STUCK with both your PO AND her power trip. If you give her anything but smiles and "yes ma'am" / "no ma'am" answers then she can (and from the sound of it likely will) make your life miserable. No matter how "right" you may be, no matter how "wrong" she may be, I promise you that you WILL NOT win the war that she can most easily wage against you.
Being on probation is an alternative to incarceration. It is a gift of sorts, albeit it is given by an Indian giver who can take it back at any time (the alternative being jail). It behooves you to remember that at all times while serving your probationary period. It may help to think of your time on probation as walking on a tightrope. Stray just a little to either side, lose your concentration or balance even for a moment and you fall. However, instead of landing on the ground you land in jail or prison.
My advise: Suck it up buttercup. The alternative is either jail or prison. BUT... (caps intentional) if your PO is being unreasonable, again, you are free to take the matter to the Judge (in the form of a formal motion). Just as you must listen to your PO so too must your PO listen to the Judge.
In the interim you might consider taking a look at my Avvo Legal Guide on surviving probation / CC in Florida as it contains a great deal of information on the subject and may prove to be helpful to you. For your convenience a link follows:
Please see: http://www.avvo.com/legal-guides/ugc/probation-in-florida--what-it-is-and-how-to-survive-it
I hope that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.)
The answer is--it's up to the judge. Probably not the best reason to forgo payments. Also, don't request the money be reduced to a civil judgment as it will accrue interest forever.
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