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    ChristyDaws2783's Avatar
    ChristyDaws2783 Posts: 3, Reputation: 1
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    #1

    Aug 8, 2011, 10:13 AM
    First time violation of probation
    I've been on state probation for 7 years. I was only sentenced to 4 years probation but I'm still paying off restitution to the court house. So, I'm only on unsupervised probation. I recently caught a charge of driving on suspended licenses. What will this do to my state probation. I've never violated before.
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #2

    Aug 8, 2011, 10:21 AM

    Hello C:

    You shouldn't BE on probation for money issues... We got rid of debtors prison years ago... So, given that you shouldn't EVEN be on probation, you didn't really violate it...

    Now, the probation department doesn't believe what I'm telling you, so you're not going to win an argument with them... But, an attorney might convince them, and I'd hire one.

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Aug 8, 2011, 10:32 AM

    You of course need to tell them, but assuming the crime you were on probation for had nothing to do with driving it should have little effect.
    ChristyDaws2783's Avatar
    ChristyDaws2783 Posts: 3, Reputation: 1
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    #4

    Aug 8, 2011, 11:02 AM
    Thanks to both of you!
    However, my probation officer says that they can still violate me because of the money I owe them. My paperwork states "remain on probation til my debt is paid". There's no way I can pay off $6200.00 quickly. She's giving me a little time before she reports me to the state. So, I need a game plan by October. If I spend the money on a lawyer won't they say I could've paid more on my fees? I pay every month a have paid every month for 7 years but I still owe a lot! What good would it do by putting me in jail?
    excon's Avatar
    excon Posts: 21,482, Reputation: 2992
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    #5

    Aug 8, 2011, 02:40 PM
    Quote Originally Posted by ChristyDaws2783 View Post
    What good would it do by putting me in jail?
    Hello again, C:

    It'll help your PO get promoted. His family will appreciate it.

    excon
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #6

    Aug 8, 2011, 04:49 PM

    Can they violate you for merely not paying ? I though the question was about the new traffic violation ?

    But there are several legal challenges to the putting in jail for non payment of fine and / or restitution * they are different issues*

    Currently no one case has made it to Federal court but to state courts with no uniform answer.

    As written, they can violate you, as to what the judge will do it is hard to say. You can't pay if you are in jail.

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