Legal Question in Criminal Law in Florida

i am currently on drug offender community control in florida and have been since 26 jan this year. i have been doing perfectly so far with regard to the conditions of community control. never been late to report, always follow my schedule etc. however, i have been having much financial difficulty due to the fact that i haven't been able to get a job and i was informed by my officer last month that if i didn't have all my monies current (i am behind roughly $3100) on or by the 26th of nov, she was going to violate me. she told me this on or around the 19th, a week prior. i got a money order for all the money i had at the time and also sold a couple things and made a payment of $131 a couple days after she told me this that she did see in her computer system. about a week and a half ago, i asked her if she did the violation and she said yes. i'm almost certain that i will be arrested tomorrow when i go to report to her, but i can't understand why i would be violated just for money. there is no other reason she violated me (by her own admission). do i have any options that perhaps involve me not going to jail? perhaps going to the courthouse and requesting an audience with my judge? anything? please help! God Bless.


Asked on 12/27/10, 7:03 pm

1 Answer from Attorneys
Craig Epifanio Craig Epifanio, P.A.

Getting violated for financial reasons is walking a fine line. On the one hand, you are required to pay this per the terms of your probation, thus the reason probation officers feel they can violate you at any time because of it. On the other hand, if you've made efforts to pay as much as you are able to, then it should not be considered a willful violation. In order to avoid jail, hire an attorney that will fight for you in court.

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Answered on 1/01/11, 8:03 pm


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