Legal Question in Criminal Law in Florida
Probation Officer
I had seen my probation officer today and asked about a recent violation she had submitted to the judge. I have not gotten into any trouble nor have I missed a date failed a drug test or refused an appearance at my house. I came into some financial difficulty and was not able to pay my restitution. She said she had to violate me because my probation is almost up and I didn't finish paying. Is that correct can she do that
2 Answers from Attorneys
Re: Probation Officer
She can but probably should not. Violation of probation is predicated on the act being willful. Inability to pay a financial obligation is not willful however often it does trigger a VOP. Contact a criminal defense attorney in your area for additional help.
Re: Probation Officer
That is a technical violation, but if you have a history of making payments, and have shown continued effort to do so, then it is not a willful violation and will not have major repercussions. Likely, the Judge will just extend your probation to allow you more time to pay the restitution. Of course, that means that you could still be violated for other issues while on probation.
Good luck.
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