deferred ajudication

[anthony361]

What is the name of your state? texas

Here is the story, I was charged with theft 1500<-----> 20000 dollars ( they charged me with the theft of a truck) I plead guilty because a) they offered me probation and b) i was being threatened by the real crook and please keep in mind this guy belongs to a serious texas prison gang . Any ways the detective knew what was going on, he knew why I couldnt go on record and say anything we had a few off the record discussions but the bottom line was : I go on ecord and walk a way a free man or dont say anything and get hit with the charge. Fearing for my life I took the second option

Aftr a few months pass they eventaully charged me and that guy with the crime I got 5 years probation he.. well lets say his case is still pending ( h picked up an aggraveted kidnapping/robbery charge) Any ways after doing a little bit of probation i have come to realize the fact that I cant take it, I dont mind being in before 9 pm i dont mind not doing drugs or drinking and i dont mind staying out of trouble, but what really kills me the amount of money I have to pay, i Just cant do it , i pay as much as i can per month but i reall cant pay anymore i mean i have 4 kids!. So anyways my first question is**************************** do have a right to appeal?? or can I maybe get monthly payment lowered to a reasonable amount? And also will they revoke my deffered probation if i cant make the 500 dollar payments per month?

 

[CavemanLawyer]

In Texas...

When you plead to anything you waive your right to appeal. There are still very limited instances in which you can appeal, and actually you do fall into one since I guess you are saying your plea wasn't voluntary, but realistically speaking it is incredibly difficult to appeal a plea.

Inability to pay is a defense to non-payment on a motion to revoke probation. If you truly can't pay than your probation can't be revoked as long as that is your only violation, but it is possible for the judge to modify your probation to extend it to give you time to pay...which means additional community service fees.

Alot of this depends on your county's polices, your probation office policies, and your probation officer's policies. If you are a model probationer they might cut you loose despite non-payment. If they are strict in your area than they may modify you over and over again to get you to pay. The only advice I can tell you is to continue following your probation and just keep your probation officer well informed of your financial situation and just show that you are constantly trying to pay. Chances are you won't get revoked if you do that.

 

[anthony361]

In Texas...

When you plead to anything you waive your right to appeal. There are still very limited instances in which you can appeal, and actually you do fall into one since I guess you are saying your plea wasn't voluntary, but realistically speaking it is incredibly difficult to appeal a plea.

Inability to pay is a defense to non-payment on a motion to revoke probation. If you truly can't pay than your probation can't be revoked as long as that is your only violation, but it is possible for the judge to modify your probation to extend it to give you time to pay...which means additional community service fees.

Alot of this depends on your county's polices, your probation office policies, and your probation officer's policies. If you are a model probationer they might cut you loose despite non-payment. If they are strict in your area than they may modify you over and over again to get you to pay. The only advice I can tell you is to continue following your probation and just keep your probation officer well informed of your financial situation and just show that you are constantly trying to pay. Chances are you won't get revoked if you do that.

Yeah she knows and she says as long as I make an effort she wont revoke me, but god its really hard to trust anybody who doesnt have your best intrest And as far as the appeal goes , I wont hold my breathe, I really wasnt 100 percent innoccent, instead of calling the police and letting them no what was happening i told that other convict to take his criminal crap somewhere else. But thanks for the info

 

[Kane]

Keep a record of your income and expenses. Pay something every month, and pay as much as you can.

The burden will be on you to prove inability to pay, if/when it gets to that point.