I have been meeting every appointment, drug referral programs and A.A classes, as well as passing my drug test. I am unemployed at the time and giving them every little bit of money that I come up with. She keeps telling me to quit smoking and use that money for my fine. I told her my mother gives me cigarettes. The probation officer told me to tell my mom to stop payinf for cigarettes and give me that money for probation. Is she even allowed to say that?

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Originally Posted by greatmix

Is she even allowed to say that?

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Hello g:

Sure she is. What?? You expect them to be NICE?? Dude!

But, here's the good news. A recent court ruling says that your probation CANNOT be revoked because of fines or fees owing, IF you've made every attempt to pay them, and simply can't.

excon

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Originally Posted by excon

Hello g:

Sure she is. What??? You expect them to be NICE???? Dude!

But, here's the good news. A recent court ruling says that your probation CANNOT be revoked because of fines or fees owing, IF you've made every attempt to pay them, and simply can't.

excon

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What recent ruling are you speaking about Exie? What state or was this a blanket across the board (every state) ruling? I'm confuserated (as usual).

As for as I know it is still up in the are, GA had it, I believe it has went to Fed Court, and was upheld, So that at least covers the Southeast district if not all of the US, pending appeal.

But I know GA has still be doing it, so it may be that they got an injuction on it, pending the appeal.

But yes there are active court cases on it, just not sure how it is playing out.

But the theme of it is that you have to show you are making an effort to pay, So if you are not paying 20 or 25 percent of your pay toward it, *( my estimates) not sure they are going to feel you are making an effort

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Originally Posted by greatmix

I have been meeting every appointment, drug referral programs and A.A classes, as well as passing my drug test. I am unemployed at the time and giving them every little bit of money that I come up with. She keeps telling me to quit smoking and use that money for my fine. I told her my mother gives me cigarettes. The probation officer told me to tell my mom to stop payinf for cigarettes and give me that money for probation. Is she even allowed to say that?

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You may ask your PO if your probation could be extended so you can pay it off. Some judges don't care if you are unemployed. Some PO's don't care if you are unemployed either. If the PO decides to violate you for nonpayment of your fine, restitution or whatever, then it's up to the Judge if he wants to put you in jail or not for the probation violation. Best to do whatever it takes to pay this off as soon as possible as the Judge just might agree to having your probation extended giving you more time to pay off your fine or restitution or whatever you owe. And don't wait until the last minute to ask for an extension either. Ask before you get down to your last 6 months as it will take several months before this matter even reaches the Judge's attention and he either agrees or denies your request.

If you can't pay, then the Judge can very well put you in jail. It does not matter to him/her if you are unemployed, etc. You have a Court ordered financial obligation and you must adhere to the obligation or face jail time. It's that cut and dried. The PO is trying to be "nice" to you by suggesting that you use the cigarette money and pay your probation fine/restitution off. Would you rather the PO just violate you now and get it over with?