How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Legal-Kal Your Own Question
Legal-Kal
Legal-Kal, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 554
Experience:  Attorney at Law Offices of Khaled Issa
90630425
Type Your Criminal Law Question Here...
Legal-Kal is online now
A new question is answered every 9 seconds

My probation is officially over on Dec 20. and my officer

Customer Question

My probation is officially over on Dec 20. and my officer set me a revocation for Dec 21 do I have to go and can the judge do anything to me. I still 600 in probation fees not fines.
Submitted: 11 months ago.
Category: Criminal Law
Expert:  Legal-Kal replied 11 months ago.

Good evening:

My name is ***** ***** I would be more than happy to answer your legal question. Before I begin, this revocation notice or the violation of probation should have a date where you allegedly "committed" the violation. Does any document you received contain the date you committed the violation and, if so what is it? ( I understand you have court on Dec. 21, but is there any other date listed?)

Customer: replied 11 months ago.
I never received a document. He left me a voicemail
Expert:  Legal-Kal replied 11 months ago.

Ok. Do you know or have an idea as to why there is a violation? Is it just the $600 that is owed? Or did you pick up a new case or test positive for any substance (if you were required to undergo urine drops?)

Customer: replied 11 months ago.
I just went to a visit on Nov. 30
Expert:  Legal-Kal replied 11 months ago.

So, would it be fair to assume that the VOP is based on non-payment of fines?

Customer: replied 11 months ago.
It is because I owed the money. Well when I went to the visit he was trying to add up my balance for my fines. But I couldn't wait. The judge converted the balance of my fines to community service. I provided him with the community service document.
Expert:  Legal-Kal replied 11 months ago.

Ok, so when it comes to non-payment of fines in Georgia, most people placed on probation are ordered to pay fines. Failure to pay those fines can lead to a probation violation. Failure to pay fines alone will not usually result in a probation violation arrest unless the probationer is wilfully refusing to pay fines and yet has to money to pay. If a probationer is unable to pay fines due to inability caused by a new medical issue, disability or other valid reason then he should request a modification of probation from the sentencing court. Under no circumstances should the probationer not report to probation due to inability to pay. Failure to report is much more serious probation violation then mere inability to pay fines.

What your PO is most likely trying to do is get one last chance at making you pay the fines and fees. For example, if you completed the community service but now suddenly have the $600, the PO will request the judge that you pay that. This is why it is being done so close to the end of your probation. The PO will tell the judge that you technically still owe the $600 even though you completed the community service. The judge will ask you if you have started a new job and can pay the $600. If yes, then the judge may make you pay it (although I doubt it). If you still cannot pay it, you will just tell the judge that you cannot pay it. Since you already have completed community service in lieu of the fines, the judge will terminate your probation (unless you have money and you are willfully and purposely not paying it). However,

Any follow up questions based on what I have provided thus far? If so, feel free to ask. If not, please remember to click ACCEPT and leave feedback so I may receive credit for my assistance today. Thanks!

Customer: replied 11 months ago.
The 600 is the probation fees only. My probation is still ticking since I have not been violated correct? Also, the new tolling law states probation cannot be put on hold unless I failure to report and/or missed a revocation hearing. So I should be officially off probation if I did not commit either one of those offenses correct?
Expert:  Legal-Kal replied 11 months ago.

The new law regarding tolling has only to do with VOPs based on failure to report. It does NOT apply to failure to pays. The new law that is applicable to you is located at O.C.G.A. § 42-8-102 (4)(a) and (b), which essentially states the same thing I discussed above (regarding willfulness). The issue of timing has to do with when the VOP was filed and when notice was SENT (not received) to you. Seeing as the hearing is set for 12/21, based on my experience, the notice requirement has been/will be met.

Nonetheless, based on what you have provided, I do not think the judge will extend your probation or violate you since you have completed the community service in lieu of the fines. Really, this is just the probation department trying, one last time, to see if you can pay the $600. It is something they are doing because the county is short on money and needs to get it from any way possible. If you have the money, they will request that the judge make you pay before your probation is terminated. If you don't have the money, they will just move on from you and the court will terminate your probation satisfactorily.

Customer: replied 11 months ago.
The probation is ran by a private company, not the county.
Expert:  Legal-Kal replied 11 months ago.

Correct, but it would be the county who would receive the probation and court fees and costs. The county hires a private company who administers everything and collects a fee from the total probation fees and costs recovered (usually around 20% or so) with the rest going to the county. It is the county who tells the probation company what to do because it is the county who is the companies employer.