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I monitor both prosecution and defense lawyer message boards because you can learn a lot (from time to time) by doing so. But this one on the defense board stopped me down yesterday (posted by someone who works about 60 miles from here):Gang: seems there was a thread posted some time ago about a [Motion to Revoke Probation] based solely upon inability of the probationee to pay the court-ordered fines, fees, etc. due to loss of job or whatever. I thought I had saved this info in my research section but cannot locate it now.
My guy lost his job in 12/09. Prior to that time, on probation since 7/07, successfully. When he lost his job in 12/09, could not longer afford to make the scheduled payments.
Also, are charging him with failure to appear to probation office for two months and a failure to report and obtain permission for a job change (presumably, this was when he was laid off in 12/09, and had no luck finding a job until 3 months later.
From my recollection, the thread had info to the effect that an inability to pay is not sufficient to support an MTR, that the probation office can give him more community service, but can't revoke him for simply not paying.
Anyone out there who can help me on this or steer me in the right direction? The hearing is scheduled for this afternoon at 1:00 p.m. so time is of the essence.
Thanks in advance for any help the group can send my way. & please, feel free to respond off list if you wish.
Really? Your client is about to get revoked and go to jail and now you decide you might want to learn what the law is? And you do so by asking others on a message board?
