Criminal Law Questions? Ask a Criminal Lawyer.
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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 laterHere is a link to a form - you can see if the courts will accept this
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!
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.