Legal Question in Criminal Law in Florida

Owing fines but indigent

I'm wondering if I can file an affidavit of indigency with the state of Florida. I was arrested for DUI in 1998, put on probation, violated terms and finally decided I'd rather serve the judges offer of a one-year term in lieu of owing fines imposed (was represented--name removed--a public defender at probation revocation hearing, who had too many other things going on to spend a few minutes with me in the courtroom...I really wasn't clear on anything happening that day as she didn't advise me on the best thing to do). I served the 365 sentence along with completing the court ordered intensive in-jail substance abuse treatment program. This case was closed in 2000 but I still had to pay the court various fines totaling close to $1000.00 and I still owe almost $1000.00 in traffic fines.

I have been living in MA since 2001, receive SSI and can't travel to FL. My mother will--name removed--80 in February and driving is very limited for her. She needs me (only child) to drive her to various doctor appts. and such.

Was it double jeopardy that I served the sentence and paid fines?

Is there anything I can do? Would community service--name removed--an option?

Thank you very much for your time.


Asked on 7/07/08, 12:32 am

1 Answer from Attorneys
Jessica Foley Law Office of Jessica A. Foley

Re: Owing fines but indigent

Generally, you can do community service instead of paying fines, however I'm not sure how it would work if you live in one state and the fines are pending in another. You might want to contact your probation officer and see what your options are.

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Answered on 7/08/08, 4:13 pm


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