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Peter Griesch
Peter Griesch,
Category: Criminal Law
Satisfied Customers: 324
Experience:  Tax Counsel at AIG, Inc.
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I have to turn myself in on a probation violation in the

Customer Question

Hi i have to turn myself in on a probation violation in the morning and it should not even be a violation. Id like to have a form all ready or motion asking the judge to terminate my probation because of the situation i am in now with being on disability. I am on probation for felony child support. Is there a place online to pay to get the motion or whatever is needed done correctly? I have found some online forms but they do not look professional at all and i would like this to look as good as possible.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Peter Griesch replied 1 year ago.

How long is you probation for, and how long have you been on it?

Customer: replied 1 year ago.
my probation was 5 years and i have been on it since 10/30/2013
Customer: replied 1 year ago.
I guess to sum this up a little better is i was charged with felony child support. They put me on probation because of my arrearages and not being able to pay. I am now disabled by a doctor and going through the process of getting ssi and such. While waiting on that I can not afford to pay what they want me to pay so i will always violate my probation. Since the disability changed my whole life id like to ask to be off probation. I have got friend of the court to reduce the monthly payment to an obtainable amount assuming all goes well with the disability and such. I also live 4 hours away from the county it is in.
Expert:  Peter Griesch replied 1 year ago.

You can make that motion, but it is not likely to be granted. You've not hot the halfway point yet, and you'll be appearing for a violation hearing. If, after the hearing you have been found to not be in violation, and you've completed over half you're probation, you can petition the court to terminate your probation.

You were convicted of a felony, and this is a way for the state to monitor you, but also to ensure compliance with child support.

I don't think the chances of termination at this hearing are very good, but you can find the form for moving for termination here:

Good luck.

Customer: replied 1 year ago.
What about just answering the violation. Friend of the court was on my said at my show cause and took all my documents and put them in my file and simply said once i receive the disability to just call and she would handle everything else for me but the problem is with probation and not them. Is there something i can do for them to maybe not violate me while this is going on? basically all i want is for the court to give me the time to get the disability and i am going back to school to switch carreers i was just disabled from doing. I do not want to just sit around and collect disabilty i am only using it as a means to get through all this until i can get a different job and everything. How should i answer the violation i guess would be the best question
Expert:  Peter Griesch replied 1 year ago.

Well, you'll need to explain your disability during the hearing, explain your inability to pay, and the plan you have to get back to compliance with the court's orders.

If you notified probation as soon as you became disabled and explained your inability to pay, that will help.

Customer: replied 1 year ago.
Ok thank you. Yes probation was notified and all documents given to them and so on. I made sure that any time anything changed or i received any mailings that they got a copy. This is simply because i was not able to pay. Everything else i did great and did more then needed.
Expert:  Peter Griesch replied 1 year ago.

That's good. So, your argument should be that compliance was impossible, despite your best efforts.

Customer: replied 1 year ago.
Ok thank you last question would be is do you think i should type it out or use any forms so judge can read and document it himself to make it look better or just simply go in front of him and let it all happen?
Expert:  Peter Griesch replied 1 year ago.

I would bring all documents from your medical file, and draft a simple timeline of when you were diagnosed, and when you notified your probation officer, etc., so that the judge can easily follow the sequence of events. That will help.

Expert:  Peter Griesch replied 1 year ago.

Let me know of you have any additional questions.

Also, please rate my response. Just Answer only provides me credit of my response is rated.

Thank you.