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Bworms1980 · Dec 18, 2009, 04:42 PM

In 1998, when I was 18 I was charged with petty theft under $50. I was given 6 months probation and a fine, and I had to take a class. I was unable to pay the fees. This happened in Fort Myers, FLorida. Now 11 years later I live in Orlando, FL , and about 5 weeks ago, the police knocked on my door.

I was arrested, paid the $500 bail and now I'm still waiting for the Fort Myers County Clerk to tell me when I have to appear in court. They keep telling me to check back next week.

What I would like to know is what potential charges may I receive for probation violation.

The misdemeanor petty theft is the only trouble I have ever gotten into. Could I receive probation again, or could I receive jail instead? I will have to travel from Orlando to Fort Myers and would like to know so that I can have everything in my life organized before I go to court.

I know that everything depends on the judge, but based on what I have said above, can anyone tell me what are the chances that I would get jail time?

Fr_Chuck · Dec 18, 2009, 04:52 PM

Additional fines, court courss, and the 6 months in jail ( if they wanted to)

So get an attorney

Bworms1980 · Dec 18, 2009, 05:02 PM

Thanks for the answer FR_Chuck. As for the attorney, that is one of the reason I was trying to find help on this issue to see what is the worst case scenario, because I can't afford an attorney. My court date is in less than two weeks and the best I've gotten is an attorney who wants me get at least $800. I can't afford it at this time. So I'll have to go without a lawyer.

SmellyDogsMom · Dec 19, 2009, 08:22 AM

Did you ever report to your probation officer? Did you take your class? Was your probationary period 6 months or your sentence 6 moths (or both)?

The worst case is what Fr. Chuck stated.

excon · Dec 19, 2009, 08:40 AM

Hello worms:

Let's look at the math. You got a lawyer wanting to charge you $800. You got a charge that can keep you in jail for at LEAST 6 months...

Seems to me, that you could earn $800 in six months time, Therefore, it looks reasonable to invest $800 in a lawyer...

But, of course, if you think that you can do the same as a lawyer can, then go ahead... But, you can't...

excon

Bworms1980 · Dec 19, 2009, 08:47 AM

No, I never took the class.

Excon, the lawyer wants $800 up front in a week and a half. I don't have six months to come up with it. That's what I would have to give him now. The rest he would take in payments.

I don't know anything about the law and representing myself. I know that I can't do the same or better than a lawyer, I just can't afford one and I have already checked but they said that I'm not eligible for a public defender.

excon · Dec 19, 2009, 08:53 AM

Originally Posted by Bworms1980

Excon, the lawyer wants $800 up front

Hello again, B:

Find one who will let you make payments for the whole thing.

But, here's your problem with that... Most lawyers would think that if you didn't pay your fines (and not doing so would land you in JAIL), you're, for sure, not going to pay them... So, why would they extend you credit?

excon

JudyKayTee · Dec 19, 2009, 10:06 AM

Originally Posted by excon

Hello again, B:

Find one who will let you make payments for the whole thing.

But, here's you problem with that... Most lawyers would think that if you didn't pay your fines (and not doing so would land you in JAIL), you're, for sure, not going to pay them... So, why would they extend you credit?

excon

Absolutely - OP didn't follow through with an agreement made with the Court, well aware that he could face jail time by not following through - why would any Attorney in his/her right mind trust him/her to make payments for legal fees?

twinkiedooter · Dec 19, 2009, 11:23 AM

Originally Posted by JudyKayTee

Absolutely - OP didn't follow through with an agreement made with the Court, well aware that he could face jail time by not following through - why would any Attorney in his/her right mind trust him/her to make payments for legal fees?

Criminal attorneys are not charitable institutions. They are in the business of making money on criminals and their noncompliance with the laws. The attorney wants his $800 up front as you could do the jail time if ordered and he wants to be sure he gets something for his time in representing you as he just might have to sue you for the rest of his fee. Criminal attorneys are not cheap.

If you wish to go to court with no attorney to represent you may I suggest you get all your personal affairs in order prior to your hearing just in case you don't come home in a big hurry?

Fr_Chuck · Dec 19, 2009, 03:33 PM

I would say you double your chances of going to jail if you don't have an attorney.

And it is up to the judge and how they feel about this.

If you can start the class before the hearing, and act very sorry it can help

Bworms1980 · Dec 19, 2009, 06:28 PM

This happened 10 years ago, so I'm not sure how to find out what class I have to take.

JudyKayTee · Dec 20, 2009, 07:26 AM

Originally Posted by Bworms1980

This happened 10 years ago, so I'm not sure how to find out what class I have to take.

The Court will give you all the details you need.

excon · Dec 20, 2009, 07:30 AM

Hello again, B:

You won't be able to take the class now. The first thing will be court. MAYBE the court will let you take the class again, and maybe not.

excon

SmellyDogsMom · Dec 20, 2009, 08:01 AM

Originally Posted by Bworms1980

No, I never took the class.

excon, the lawyer wants $800 up front in a week and a half. I don't have six months to come up with it. That's what I would have to give him now. The rest he would take in payments.

I don't know anything about the law and representing myself. I know that I can't do the same or better than a lawyer, I just can't afford one and I have already checked but they said that I'm not eligible for a public defender.

With not paying the fine or taking the class, it looks as though you were simply thumbing your nose at the Court. If you go against the wisdom of those who answered your question, then you must throw yourself on the mercy of the Court.

Explain to the Court that you are not the same person that ignored its order so many years ago. Bring proof of some sort of accomplishment that you have made while absconding. Possibly bring in pay stubs or mail that shows you were not on the run, but simply living and working elsewhere in order to put your past behind you. Lastly, have all the funds ready to pay your fines.

A side note: If your conviction was uncounseled, depending on the particular facts of your case, it may be unconstitutional for the Court to revoke the sentence.

Good luck!

Bworms1980 · Dec 20, 2009, 11:19 AM

Originally Posted by SmellyDogsMom

With not paying the fine or taking the class, it looks as though you were simply thumbing your nose at the Court. If you go against the wisdom of those who answered your question, then you must throw your self on the mercy of the Court.

Explain to the Court that you are not the same person that ignored its order so many years ago. Bring proof of some sort of accomplishment that you have made while absconding. Possibly bring in pay stubs or mail that shows you were not on the run, but simply living and working elsewhere in order to put your past behind you. Lastly, have all the funds ready to pay your fines.

A side note: If your conviction was uncounseled, depending on the particular facts of your case, it may be unconstitutional for the Court to revoke the sentence.

Good luck!

Hi

I'm not sure what you mean by uncounseled. I'm not sure if I had to report to a probation officer or not.

JudyKayTee · Dec 20, 2009, 12:45 PM

Uncounseled - were you represented by an Attorney when you were sentenced?