I got convicted of felony forgery and put on probation. Part of it is that I got to pay back what was taken and I can't get a job im now on food stamps and trying to get on disability. My probation officer told me my payments are not enough. I may end up violating it. Any idea what I can do? I help take care of my mentally slow brother. Can I ask to extend the probation for more time? I owe $8000.00 now but the most I can get by panhandling is $200.00 a month.I got 2 years left to pay.
No one should go to jail simply for not having money. Having said that, you made an agreement and you must abide by it and make every effort to do so. You should be able to renegotiate the terms of repayment so long as you demonstrate that you are making an honest effort and not simply being derilict in your responsibility.I suggest yuo reach out to the attorney who represented you on the underlying charge. S/he may be able to help. Good Luck!
There are two ways to look at your issue: 1) You have done everything else that you needed to do on probation, and the only issue is that you still owe $8,000 restitution; and 2) you owe $8,000 in restitution, but you also have not paid any fine, or done you community service, or somehow not kept other terms of your probation....
In either case you need a lawyer, but of course you won't get one appointed until you are arrested on a revocation. So, at least you are being pro-active. Good for you. I sense that you probation officer is also doing what he/she can to NOT arrest you, as you seem very aware of the issue. So I will assume that there are no other probation issues for you to be concerned with.
The fact that you have applied for disability can be of help to you. Give your PO copies of all your disability papers and applications, and that will help him or her document why you cannot earn the money to pay for restitution. That might go a long way in providing a physical/ legal excuse for your failure, too. Always communicate with your P) and make sure that, if he or she wants to revoke you, to please file a petition and then give you a "walk-in" revocation date. Then, you can take that to your local Circuit Public Defender office, and get a lawyer appointed.
Also, as a lawyer I would inquire about your brother's situation- does he need a legal guardian? does he get public assistance? Those are things that might be able to help both you and him, and thus your particular situation.
You can contact me at my office at 770-744-4211 or by email through this website. The questioner and any reader do not have an attorney-client relationship formed by our communications on this website. Advice given by me on this website is general advice based on partial information. You should not rely on any advice given without first hiring a lawyer in the area where the case is pending, and providing that lawyer with full information.
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