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Samuel II
Samuel II, Attorney at Law
Category: Criminal Law
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Experience:  Handle criminal matters in both state and federal courts.
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My boyfriend is in jail, has been for 6 months and his probation

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My boyfriend is in jail, has been for 6 months and his probation started while he was incarcerated. He has been unable to pay his probation fines because he is incarcerated. He just received a notice in the mail saying that if he doesn't pay it up to date a warrant will be issued for his arrest and he will not be release from jail. Being arrested will also be a violation of his probation and he could received more time.

I called the court house (finance department) and they said that if he has received money in his commissary account then his family should have paid his probation fines.

Can they issue a warrant for his arrest for non payment while he is incarcerated? I find it very odd that my daughters fathers child support stopped while he was incarcerated but my boyfriends probation monthly fines continue. Hmm. What does the law say about this?
Submitted: 9 months ago.
Category: Criminal Law
Expert:  Samuel II replied 9 months ago.

Welcome and thank you for your question

I am an attorney with more than 25 years of experience and I look forward to providing you true and correct information in this regard.

Please remember, I can only answer what you ask and so if you have follow up questions, please post them here for full and accurate information before rating. If there are no other questions in this regard then I thank you in advance for your positive rating

The law says if you have an ability to pay then you need to pay. However, if you are indigent, which most inmates are considered to be, then those fees associated with being on Probation may be waived.

 

But he has to file a Motion to Waive Probation Fees

 

I suggest that he can discuss this with a Public Defender since he is incarcerated and again would qualify for the services of the Public Defender.

 

Can they issue a warrant? Yes they can. So I suggest he talk to the public defender sooner than later

Here is a link to a form - you can see if the courts will accept this

Customer: replied 9 months ago.

The woman I Spoke with said that she was going to call the jail and see if he had be receiving money in his account over the last 6 months and if he had then she was going to have the warrant issued. If not then she would "Let it go".


 


We live in a small town and that is how things are done.


 


His public defender (which he has) does not respond to any of his attempts of contact. He is to be released in 3 weeks. I just received this in the mail. The warrant will be issued on the 16th and he is to be released on the 18th. They already arraigned him on this once. He told the judge then that he did not have the ability to pay until he was released. It is now the same thing again....only this time it will prolong his release.


 


Does filing the motion immediately stop the warrant? Does money in his commissary account over the last 6 months negate indigence? I'm just trying to figure out how to best help when reality is that the small town fold do (and I quote) "Whatever they have to to teach people a lesson."


 


Thank you for your help!

Expert:  Samuel II replied 9 months ago.

Hello

 

I suggest the form should be filed. It will stop the warrant if it has not yet been issued. If issued and this order is signed, then you have to request the court to recall the warrant.

Samuel II, Attorney at Law
Category: Criminal Law
Satisfied Customers: 20636
Experience: Handle criminal matters in both state and federal courts.
Samuel II and 5 other Criminal Law Specialists are ready to help you

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