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Question

I have a question on state laws in TN. My husband has been on probation and he has one month left. His probation officer violated his probation this month stating he didn't pay all of his fees in time. Now he went to the clerks office and they printed off what he owed and we paid it in full. What his probation officer is saying is there were more charges he didn't pay. These are duplications of what he already paid ie: fingerprinting.....(he was not finger printed), using a guard key stuff like this. It was one arrest where most of the charges were dropped and the ones they charged him with were reduced (and quesionable) so he was placed on probation. He has not missed a meeting and we thought we had paid all fines and fees. Now he will have a warrant out for violation of probation for not having everything paid 60days prior to his last probation meeting. I this legal for them to do as I can't afford to get him out if he is arrested? Any help would be appreciated.

Submitted: 272 days and 18 hours ago.
Category: Criminal Law
Value: $15
Status: CLOSED
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Optional Information

Elizabethton, Tennessee

Already Tried:
We can't get the clerks office to do anything. The probation officer was absolutely no help and getting in touch with my husbands atty. is almost impossible. We don't have a lot of money as he is laid off right now.

Accepted Answer

In order for the court to violate him, they need to find he willfully and substantially violated his probation. Failing to pay alone, is not enough for him to be violated. Moreover, you have proof of previous payments made, which shows an effort to comply. At his VOP hearing, these issues can be discussed with the Judge and prosecutor. Your husbands attorney should set this case down for a hearing and address the issue with the court. The Judge is likely to extend probation, so he can comply with the conditions and pay the money. Seeing how he is unemployed right now, he is not purposely failing to pay.

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Expert: CrimDefense
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Accepts: 
Answered: 2/23/2009

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