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    Kstiles21's Avatar
    Kstiles21 Posts: 4, Reputation: 1
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    #1

    Nov 13, 2012, 10:09 AM
    Probation violation
    My boyfriend has been paying on his restitution since 1998 when her was convicted I a felony grand larceny, he was 18 so did some time in Juve and put on probation and told to pay a $25,000 fine. He has been paying every month for 15 years but in may he stopped paying due to being court ordered to pay 680 dollars in a child support a month. He had a warrant out and was arrested for the violation of his probation by stopping paying. He only owes $4,384 left. Will they put his in jail? Or set up a new payment plan?
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #2

    Nov 13, 2012, 10:29 AM
    That depends on what the Judge decides... he was ordered to pay the money (restitution) and he knew it... he chose to spend it on other things ( new child support), he knew if he DIDN'T pay they restitution this would happen... he could have gotten a second job or borrowed the money.

    I can't guess what the judge will decide but he paid a bill he wouldn't have been immediately jaiiled for ignoring for one he KNEW he would be jailed for not paying... Poor choice of priorities... but like I said... he can present this to the court... and the Judge will make that decision what happens... and literally.. it could be a number of things that could happen. All of them are just guesses at this point.
    Kstiles21's Avatar
    Kstiles21 Posts: 4, Reputation: 1
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    #3

    Nov 13, 2012, 10:36 AM
    Should I hire a lawyer or attorney or get public defense? I have no idea.
    smoothy's Avatar
    smoothy Posts: 25,490, Reputation: 2853
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    #4

    Nov 13, 2012, 10:51 AM
    Quote Originally Posted by Kstiles21 View Post
    Should I hire a lawyer or attorney or get public defense? I have no idea.
    I think it would help his chances... they (the court) will only give you a public defender if you can prove you have no assets or capacity to pay... in this case he might not be allowed one. They do a means testing before awarding one.
    Kstiles21's Avatar
    Kstiles21 Posts: 4, Reputation: 1
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    #5

    Nov 13, 2012, 11:00 AM
    He has no bank account and no assets. His child support come right out of his check. So e brings home about 1100 dollars a month. I would be paying the lawyer out of my pocket.
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