My son was sentenced to two years of probation for possession with intent to sell or distribute marijuana. One of the requirements was to pay fines and fees of about $2,000. He has been not been able to get a job to pay the fines and fees, but the two years of probation are over He will appear before a Judge on 4/7/08 on terminating his probation as not being complied with. He has an assistant Public Defender who has just told the Judge that he has left calls for my son's PO, but that the PO did not call him back. I called the PO and she said that she never got a call or voice mail message from the Public Defender's Office, but that she would call the Public Defender's Office and state that my son is in compliance with everything except the job and fines. Can the Judge actually terminate his probation and send him to prison because he has been unable to get a job?

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Originally Posted by ChristianDad

My son was sentenced to two years of probation for possession with intent to sell or distribute marijuana. One of the requirements was to pay fines and fees of about $2,000. He has been not been able to get a job to pay the fines and fees, but the two years of probation are over He will appear before a Judge on 4/7/08 on terminating his probation as not being complied with. He has an assistant Public Defender who has just told the Judge that he has left calls for my son's PO, but that the PO did not call him back. I called the PO and she said that she never got a call or voice mail message from the Public Defender's Office, but that she would call the Public Defender's Office and state that my son is in compliance with everything except the job and fines. Can the Judge actually terminate his probation and send him to prison because he has been unable to get a job?

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Completely from my experience and no legal education it is my understanding that yes technically the judge could remand due to not following/meeting the expectations of his probation.

Again from my experience, it all depends on the judge, mood he is in that day, political views on drugs, your sons track record, etc... so many factors it's a crap shoot. Your sons PO can make or should be making some sort of recommendation. Do you know what that is? What does the public pretender say beyond "I am trying to contact them"?

What state do you live in?

Just another quick thought.. 2k is not a huge amount of restitution. Is their a reason you are not paying that off for him. Usually the judge is more concerned with that then an actual job. Also, the judge "COULD" (don't get your hopes up) waive the fines.

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Originally Posted by Smoked

just another quick thought..2k is not a huge amount of restitution. Is their a reason you are not paying that off for him. Usually the judge is more concerned with that then an actual job. Also, the judge "COULD" (don't get your hopes up) waive the fines.

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I don't believe this is correct - his sentence was 2 years of probation and payment of fines and fees.

For whatever reason he did not complete the payment part of the sentence. Therefore, he can be re-sentenced.

In exchange for part 2 (fines/fines) he received part 1 - probation.

Calling excon, calling excon!

Hello Dad:

Part of the sentence is the fine. If the fines aren't paid, the sentence is not complete.

I don't know why he can't get a job. The judge is going to wonder that too. He could collect cans if nobody will hire him. He can shovel walks and mow lawns. Even if he made some attempt at paying his fines, it would show his good faith to the judge.

But, by him not working a lick, and not paying a dime, it doesn't look like he grasps the seriousness of his situation. He's a perfect candidate for a big SHOCK, and I'll bet the judge will give it to him.

If, however, he happens to get a job BEFORE the hearing, and if he can convince the judge that he's going to pay every nickel and damn quick, the judge might let him continue on probation.

If he just tells the judge that he can't get a job, then the next job he'll probably get will be mowing the prison lawns.

excon

Your son is in violation of his probation terms. The judge will not be very sympathetic about not being able to find a job in a two year period or paying a dime toward the imposed fine. Regardless if he performed the other terms of his probation - he failed to perform ALL the terms of his probation. Most likely he will be sentenced to his original jail term as his probation term was not a success. The judge will go by the law, not because he got up on the right or wrong side of the bed that morning. The judge won't just "terminate the probation" as you put it - he will violate your son at the probation violation hearing on 4-7. And he won't be coming home that night either. The $2,000 fine is not some piddly fine either. $2,000 is a reasonable fine considering the judge originally gave your kid a break - your kid did not appreciate this "break" and flaunted it in the judge's face. Brace yourself for visits on visiting day with your kid.

It's been my experience that a Judge will only waive that kind of fine if the person has been in a treatment center, or otherwise locked up for a long period. Even then, the fine may just be continued, but probation will not end until it's paid. I guess some of it depends on how full your area jails are. In the Detroit area, they're very full. It's rare that a person gets locked up here for not completing probation terms.

Two years is a long time to not pay anything at all. Jobs may be hard to find but dishwashers, lawn care people, and newspaper delivery is still out there for grabs. I'd mention it to him and then wait and see what he chooses. It's his life to worry about.