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In Texas, is a person required to pay monthly probation fees, if he is sitting in jail, or in rehab facility for months?

Grand Saline, TX |

On probation, and waiting to go to rehab facility. They say he is behind on his probation fees, He has been in county 2 months. and has not been able to pay them. He'll be in rehab at least 9 months. What should he do.? If your answer is that his attorney should ask the judge if he can wait on payments, he does not have an attorney. He fired his court appointed because he was not available .EVER EVER except for court date. Never could contact.

I will not get another court appointed attorney. Already have to pay one who was never available. Why would I want second helpings? $$$$$$$$$$$$$$$$$ ACTUALLY MY QUESTION WAS, DO I REALLY OWE THE PROBATION FEES IF I AM IN JAIL OR IN REHAB, NOT WHETHER I AM ABLE TO PAY THEM OR NOT.

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Attorney answers 2

Best Answer

Unless the judge waives the fees while your son is in jail & rehab, then they will continue to accumulate. However, most judges, in my experience, waive the fees. In fact, some judges allow rehab time to count as community service time. It is different in every court across the state of Texas.

Your best bet, since your son is locked up, you should call his probation officer. Even if the officer cannot give you direct information about your son's case, you could ask a hypothetical question about people in general in your son's position. (There also ought to be amended conditions of probation which your son signed & a copy of which should be in the clerk's file which should address the fees, etc. It will state what his current conditions are in full.)

If your son has already been assigned to rehab, then the appointed lawyer has finished his/her job and no longer represents your son. Moreover, at this point, without a motion to revoke, motion to adjudicate, or new case pending, your son is not entitled to have another lawyer appointed.


If the court appointed attorney has been removed have your son ask for another court appointed lawyer. Your son needs a lawyer to speak with the probation office and prosecutor.

There is a defense for failure to pay probation fees because of an inability to pay. However, the defendant has to put on evidence to support an inability defense.

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