CHAPTER 42. JUDGMENT AND SENTENCE, 24(b) A judge may not order a defendant to make any payments as a term or condition of community supervision, except for fines, court costs, restitution to the victim, and other conditions related personally to the rehabilitation of the defendant or otherwise expressly authorized by law.court shall consider the ability of the defendant to make payments in ordering the defendant to make payments under this article. but then further on it reads Section 10(b) of this article, to the court to which jurisdiction of the defendant's case is transferred. judge may make payment a condition of granting or continuing the community supervision. judge may waive or reduce the fee or suspend a monthly payment of the fee if the judge determine it causes hardship????
Fees will almost certainly be ordered. Technically, a judge can't revoke someone for an "inability to pay" but as a practical matter, if people don't pay they generally get locked up. It always depends upon the details and only a lawyer with specific information about a specific case can give specific advice.
If you are a defendant in a criminal case and facing entering probation in a Texas court, this is one of the issues you should talk about with your attorney. Judges often will take into account ability to pay in setting the amount of supervision fee that a defendant must pay each month. But, yes, as a general rule, the defendant can be ordered to pay fines, court costs, statutory fees, restitution, a supervision fee, and the like. And, if a defendant does not pay, that can form the basis of a motion to revoke the probation.
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