Welcome and thank you for your questionI 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 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.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).