Legal Question in Criminal Law in Florida

I have a friend who is on felony grand theft probabtion w/ over 36,000.00 in restitution that needs to be paid. he has violated due to not having the money to pay the probation or restitution.. he has violated 3 out of the five months that he has been on probabation. he recently went to the violation hearing and the courts set up a pre trial hearing for the end of february, i have been looking on line and they have also added " nelson hearing" to the pre trial portion of the date of the hearing. i am wondering if since his probation is for 15 yrs and due to the nature of the charges if he is going to get his probation revoked and due jail time.


Asked on 2/15/11, 9:02 am

1 Answer from Attorneys
Jennifer Jacobs Law Offices of Jennifer A. Jacobs, LLC

If your friend's violation is only for failure to pay and he did not have the ability to pay, the VOP should be dismissed. A violation of probation must be willful and substantial. If the state cannot prove that he had the ability to pay, then failure to pay is not a willful violation. If on the other hand your friend did have the ability to pay but didn't do so, he could be facing jail or prison time. A nelson hearing is a hearing on the defendant's motion to appoint a new attorney because he believes that his current attorney is not doing what he or she should be doing. If your friend is not happy with his attorney and is seeking new counsel, feel free to call my office.

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Answered on 2/15/11, 9:10 am


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