Probation Violation on Deferred Adjudication

[chrisstansberry]

What is the name of your state (only U.S. law)? Texas

3 years ago I was put on Deferred Adjudication for theft >=$1,500<$20K. Today I received an email from my po stating A Violation Report has been submitted to the Court due to your violation of failure to pay fees. The Judge has issued a Summons for you to appear on January 11, 2016 at 9:00AM in the 147th District Court. You must appear in person at 509 West 11th Street, Austin, TX 78701. If you fail to appear a warrant for you arrest will be issued. If you have any questions please feel free to contact me at the number below.

I have only $350.50 left on fees. ( I have been unable to pay as I have been out on medical leave since June 2015. I was just released to go back to work on 12/03/15. I plan on paying those asap as I was just able to go back to work. My question is my release date is 2/6/15 is it likely I could go to jail for this? I also have 220 csr left.( I am sure they will mention this as part as a violation as well. I was just medically released for 30 hours a week. I can not complete those right now as I am working my hours released so I can get caught up on bills..I am way behind and facing eviction.

 

[FlyingRon]

The time to address the issue was before they were due. Inability to pay for practical matters is different than just blowing off an obligation. Bring proof of what you're saying. No guarantees, but you may be able to explain your way out of this.

 

[Zigner]

Communicate fully with your PO

 

[chrisstansberry]

I am being monitored in another county. Myself and the monitoring PO have tried for months to get ahold of her in regards to this. She did not return my phone calls or my monitoring PO. Which the monitoring PO has made notes in regard to. Is this still something I could go to jail for when I am so close to being discharged?

 

[HighwayMan]

Is this still something I could go to jail for when I am so close to being discharged?

Yes. Absolutely.

 

[aldaron]

To the lawyers here. Recently there was a news segment on NBC[?] reporting about how certain states are jailing poor citizens for failure to pay fines. In the report it brought up where SCOTUS ruled that it's illegal to jail folks for debts owed. Shouldn't that apply here in this situation?

 

[dave33]

To the lawyers here. Recently there was a news segment on NBC[?] reporting about how certain states are jailing poor citizens for failure to pay fines. In the report it brought up where SCOTUS ruled that it's illegal to jail folks for debts owed. Shouldn't that apply here in this situation?

Although it is obvious you are being jailed or may be jailed for non payment, technically you are being violated for not adhering to the terms of your adjudication. You can be jailed on the violation basis or contempt.

But, i'm no lawyer.

 

[CavemanLawyer]

To the lawyers here. Recently there was a news segment on NBC[?] reporting about how certain states are jailing poor citizens for failure to pay fines. In the report it brought up where SCOTUS ruled that it's illegal to jail folks for debts owed. Shouldn't that apply here in this situation?

Your probation cannot be revoked if the ONLY violation is failure to pay probation fees. But all it takes is one violation to be revoked and in this case apparently there are also incomplete community service hours. So the State will likely allege all current violations.

In this case the person has only had a violation report submitted to the court. He will appear before the court and likely have an opportunity to address the Judge. Sometimes the probationer just gets a stiff talking to. Sometimes the Judge offers them a minor sanction like a few days in jail. Or the Judge can request that the DA's office file a motion to revoke the probation. The DA's office also has the discretion to just file a motion all on their own but if the only violations are fees and CS hrs that is not likely. Alot of this depends on the particular Judge on your case.

 

[Just Blue]

I am being monitored in another county. Myself and the monitoring PO have tried for months to get ahold of her in regards to this. She did not return my phone calls or my monitoring PO. Which the monitoring PO has made notes in regard to. Is this still something I could go to jail for when I am so close to being discharged?

Please don't hijack OP thread.