Legal Question in Criminal Law in Florida

Re: failure to pay fees

Here's the unpopular, yet true answer: We don't know what the sentencing court will do in this case.

Probation violations are very tough to defend. The burden of proof is much lower than in the initial case, and the practices of judges (and Assistant State Attorneys) varies greatly statewide.

One thing that I have noticed over the years, is that the Violation Affidavit and the Violation Report Form tend to be 'scatter gun' attacks - they simply put just about anything in there that they can use to try to justify a violation. For example, late on court costs? They add cost of supervision, fines, restitution, and anything else that they can add, as well as the main charge.

This, in my view, is wrong. I have seen many cases where they have done this when someone is late on court costs, yet did not owe the cost of supervision yet because the month it was owed was in the future - yet it was added to both the Affidavit and the Violation Report Form!

One final thought: Have him apply for the Public Defender. If he hires private counsel (family hiring private counsel is another matter - but still tricky) the Court and the State will be inclined to believe he has the ability to pay, yet chose not to do so. In some parts of the State, and with some judges, VOP is followed by Community Control - or incarceration. Proceed on VOP/VOCC cases with caution!

Warmest regards,

Stephen G. Cobb

Re: failure to pay fees

They need to prove he had the ability to pay but didnt. He can be continued on his probation, modified to add some punishment or sentnced to hias guideline score. Just because he had 8n months left does not mean he only serves 8 months, thats parole not probation.