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Will my deferred probation be revoked for being unable to pay my probation and court costs?

Fort Worth, TX |

I've been on deferred probation since sept. 10th, 2013, for 2 charges of poss cont substance u/gm, one of those being n a drug free zone. And a misdemeanor assault charg e. I havent been working, & my license has been suspended so i am unable to drive to my court ordered classes or pay any of my fines.

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Attorney answers 6

Posted

These are conditions of your probation so they need to be paid. You will need to find a job and make arrangements to get there. Your probation started less than two months ago. It is not a good sign to be having problems this early. Good luck to you.

Posted

Most courts will not revoke solely for inability to pay as long as you are a model probationer in other respects. Just try to pay something and look diligently for work and document your job search. Walk to your classes if you have to. Don't just not go. Some people don't drive at all and still take care of their business.

Posted

Yes they were terms of the probation.

Good Luck! Leslie Barrows, The Barrows Firm Protecting your rights! We have offices in Colleyville, Fort Worth and Trophy Club to serve you 817-481-1583

Posted

If you are really unable to pay your fines and court costs the court can not revoke your probation. But why take the chance. See if you can do community service instead of paying the fines and court costs. If not find a job and take public transportation.

Posted

The court cannot revoke the probation solely for failure to pay fees and costs, UNLESS the State can show (by a preponderance) that you have the ability to pay and simply chose not to do so. However, if you do not go to your classes as ordered the court can and likely will. This same rule to ALL other conditions.

Please personally discuss your case, and it's specific facts, with an attorney. While I and other attorneys provide general information and personal opinions, this is no substitute for your own counsel. My answers create no attorney/client relationship, which is only created through a mutually agreed upon written contract for legal services.

Posted

Indigence is an absolute defense to failure to pay. (Debtors prison was abolished long ago). Different story on the classes. You are expected to complete them and may be revoked for failing to do so.