Legal Question in Criminal Law in California
Legality of action taken by probation
What legal action can I take to force probation department
into court to have judge rule on their attempting to
assess payment by me for my probation? I have just completed a 1 year sentence and have 1 week left in
a 90 day recovery program which was a condition of my
sentence. I have met with my probation officer, as I
must follow up sentence with a probation. My probation
officer has asked me to sign an ageement to pay for the
services probation will be providing. I refused to sign.
He says while my signing the agreement is not a condition
of my probation. They can go after me civally after my
probation expires. I do not intend to pay and do not need
the duress of the threat of having this hanging over my head throughout my entire probation period.
2 Answers from Attorneys
Re: Legality of action taken by probation
California law provides that an individual on probation can be charged for the services of the probation department. The charge for these services should be based on your ability to pay.
Re: Legality of action taken by probation
Most formal probation periods require that the defendant pay for the cost of probation supervision. You may have been ordered to pay this by the Judge already since the P.O. told you that they can go after you civillily (as in small claims court) for the costs after the probation is ended. Check with your P.O. to see if this is what the Judge already ordered.
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