Saturday, October 24, 2009

Probation violation for not paying?

My brother and me are on probation. I'm doing fine but he is almost off in like 2 months and he only has payed maybe $100 this whole year. His probation officer told him last month he needs to start coming up with the money because it's almost that time of getting off so anyway he went today and he told the man he won't have it by the time he gets off because he's poor and blah blah blah. Anyway, the probation officer I guess told him that he will file a violation but my brother said he asked the P.O can they just schedule him for a court date or maybe just do a walk-through instead of going to jail. Will this happen? Or is the P.O just lying to him and is a warrant going to come out when he turns the violation in?? I think he's lying because I been on probation for almost a year and I had got violated for dirty urine once and my probation officer came the same day my warrant came out so what do you think their gonna do to him? Is the P.O lying and really gonna violate or what??
Answers:
They will most likely take him away when he comes in for the hearing.
Sorry - it happened like that to a friend of mine :/
One of the conditions of probation is most likely that your brother pay a fine, a "monitoring fee", or both. If he hasn't paid those, then its a violation of the probation.
Probation is a privelege. The court, when it sentenced you, sentenced you (and your brother) to a controlling term of jail or prison. If you don't fulfill the conditions of the probation, the court may indeed decide to jail your brother.
Your brother should have started paying something at the moment he got on probation. If he had a regular history of trying to pay, it will look better at the revocation hearing than if he just paid when he felt pressured.
That being said, in my state at least, for a probation violation they will normally not issue a warrant. They issue a notice of a hearing on the violation, and only issue a warrant if your brother fails to appear at that hearing. He needs to immediately contact an attorney who is licensed in your state for further assistance. For a referral, contact your local or state bar association.

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