Legal Question in Criminal Law in Florida

Jan. 25, 2013 I started 12 months probation for simple battery (misdemeanor Polk County Fl). My probation ends 1/24/2014. Conditions of this included a mental health evaluation and monetary payments for cost of supervision. During my monthly visit Dec. 7 2014 my P.O. advised me to complete my evaluation and to pay my residual supervision cost of $395.65 by Dec 20 2014.

Due to life situations, I was not able to complete this until Jan. 8, 2014. This same day I had my last visit with my P.O. We were able to verify that my evaluation was complete along with payment in full. She told me that my probation would end 1/24/2014 as scheduled but I may get a summons to appear in court. She advised if I did get a summons to go to court, take my paperwork for the judge to see and everything would be all right.

Today I received a summons to appear to answer for information charging me with probation violation, where on Dec. 23 2014 my P.O. gave sworn statement that I had a arrears of $395.65 & that she had no record of my evaluation. Both of these issues have been completed & were verified with her Jan. 8, 2014

She also has a third violation of showing a $9.33 arrears for failing to pay for drug testing fees. Per paperwork given to me at the start of my probation, I was ordered to pay only for testing ordered by officials if I was in treatment. Any drug testing done during the last year was included in my supervision fee.

I would like to know the best way to handle this $9.33, which I do not owe. Also, is there any way I can provide the court proof I did comply in a timely manner to the P.O. issues and not have to go in front of a judge? Since I do have this court date would I still be on active probation or could it be terminated on the scheduled date as my P.O. advised.


Asked on 1/24/14, 1:48 am

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

It sounds like that if you go to court with ALL your paperwork showing you have completed everything (do not count on your PO bringing it, as they probably won't), then the judge will likely terminate your probation. If you haven't paid that $9, then pay it. If you have proof or if your PO agrees that you have paid it, then bring that proof or get proof from your PO.

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Answered on 1/24/14, 7:04 am


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