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LegalKnowledge
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 16732
Experience:  8+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
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Good morning, how do I go about receiving my probation payment

Customer Question

Good morning, how do I go about receiving my probation payment receipt while having a violation of my probation (warrant of my arrest) ?
Submitted: 1 year ago.
Category: Legal
Expert:  LegalKnowledge replied 1 year ago.
Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help solve your problem.

Good morning. I certainly understand the situation and your concern. Is the alleged violation in regard to failing to pay? Who did you make the payment to and was it in cash? I just want to get an idea of what they are alleging you did to violate and what they are seeking.
Customer: replied 1 year ago.

yes failure to pay and failure to attend appointment , however, I received Judge order to pay $500 and the rest of the payment be civil judgment. that was inXXXXXdate and i had a year for it to be payed which was. the payment receipt from probation will prove my case with failure to pay


 

Expert:  LegalKnowledge replied 1 year ago.
Thank you for the additional information. If probation normally issues a receipt, in the normal course of business, it should be contained and note in their records. Since this happened close to 3 years ago, it is unlikely that you still have your receipt from that time. If you paid with a check or some other form outside of cash, you can try and obtain your bank records. If those do not exist, you would need the Judge to sign an order, when you go before him/her on the violation, asking that probation release their payment records of your account. You have every legal right to deny the allegation and make the State prove the violation but this is a case of you saying you paid and them saying you did not. The Judge can order and would likely demand they turn over the records for inspection, to support their allegation that you in fact do not pay. If this were to go to a final violation of probation hearing, the Judge is going to require some evidence to show that the record indicates no payment was ever made. As such, your attorney or you will need to bring this issue before the Judge and ask that the payment history/records be turned over, regarding your supervision. Moreover, if your PO has changed since being placed on supervision, there is even more of a basis to challenge this, since the money could have been mishandled and the current PO does not have any first hand knowledge.

Please let me know if you have any follow up questions or need any clarification on something which I stated above, prior to rating me. Also, please remember to rate my service with 3, 4, or 5 faces/stars, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two faces/stars on the left, please STOP and reply to me via the "REPLY TO EXPERT or CONTINUE CONVERSATION "button. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.
Expert:  LegalKnowledge replied 1 year ago.
I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!
Customer: replied 1 year ago.

Charleston, sc legal aid attorney office is located in the same place as the court, can I still get them defending me without be pickup for my warrant of arrest?

Expert:  LegalKnowledge replied 1 year ago.
Just to be clear, you have NOT been violated yet? Just the threat has been made by your PO if you do not pay?
Customer: replied 1 year ago.

They have me for flee felon in the system, i have not shown up to probation since June of 2012. They came for my arrest at my previous address. So I did violate that!

Expert:  LegalKnowledge replied 1 year ago.
Thank you for the additional information. That is going to be the more serious violation. That is the one you are going to need to present a defense on, which could lead to the revocation. Until you are arrested and charged, legal aid or the office of the public defender, will not likely take the case. They need to be appointed by the Judge, based upon your financial situation. If you are able to retain private counsel, they can reach out to the State about the situation but if not, will have to wait until your attorney is appointed. When a person on probation absconds, they are in violation and the State and Judge are going to want to know exactly where they have been, what they have been doing and why they failed to report.
Customer: replied 1 year ago.

Understand, ok I was on probation since 2007 and went to a court hearing 2009 which the judge order was pay 500 dollars and the rest payment be civil judgment . 1 year to pay n probation ended November 2o10. However I paid it n then I mention it to the po.they telling me I have to pay the remaining balance n they put on extension probation til 2012 which I supposed to be off after $500 payed


.that when I stop going to po..hope u understand me!

Expert:  LegalKnowledge replied 1 year ago.
I do understand. If the court order said the rest will be converted to a civil judgment, then you would not have been responsible for paying anything outside of the $500. The Judges order would control. You could always present the argument that the term ended 11/2010 and you complied with everything, which is why you did not go back but under the law, probation has to be terminated. If this is a situation where there was confusion and misunderstanding by probation about the order of the Judge, you could have a defense.
LegalKnowledge, Attorney
Category: Legal
Satisfied Customers: 16732
Experience: 8+ years handling Legal, Real Estate, Criminal Law, Family Law, Traffic matters.
LegalKnowledge and 9 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

Ok got that, I have doc. That po took out of my income tax the amount of 350 n the remainder was cash which I need proof. Thats y i need my payment statwment from po office. How can I g o about that

Expert:  LegalKnowledge replied 1 year ago.
When you go before the Judge, you or your attorney is going to have to ask the Judge to sign an order, requiring probation to turn over their payment records, from that period of time, to show there is no evidence of it. The fact that you said they took $350 of it and only $150 remained, which you paid, goes to show you made an effort, paid it and just lost the receipt. Moreover, this was so long ago they should have not waited to violate you and it should have been done at that time or shortly thereafter, when the record and receipt would have been present.

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