Legal Question in Criminal Law in Florida
Hello.... Ive been on probation for 5 years, for 2 counts Forgery, and 2 counts Uttering a Forgery, all 3rd degree felonies, which I did, and Dealing in Stolen Property 2nd degree felony and Grand Theft III, 3rd degree felony which I didnt do but my public defender said because my son did it, and he was a minor, at the time and the stolen property was found on the property i was living on, I was held accountable, and thats how i was charged with the last 2.... Well my probation officer violated my probation because my 5 years are up on December 3rd, 2012, and i havent paid off my restitution, of 29,000.00 which should have been my sons restitution! but I did all of my community service hours before I got to sick to work and ive paid appox. 700.00 dollars in, I cant afford alot, because im on S.S.I And only get 678.00 a month..... what do you think is going to happen to me? Thank you, Sincerly, Robie Lynn Collins, Old Town, Florida
1 Answer from Attorneys
Was restitution specifically made a condition of probation? Usually restitution is not a condition of probation because a person can only be violated for a willful violation. Therefore, if a person can't afford to pay the restitution then the violation isn't willful. At the plea, the court would have had to specifically find, or you would have had to agree, that you would have the ability to pay the restitution. This all seems unlikely so I am skeptical about this VOP.
You, or your lawyer, need to look at the original order placing you on probation to see if the restitution was ordered as a specific condition of probation. If it was then there will be a VOP hearing. The court will still need to determine whether you had the ability to pay but instead spent your money on something else that was not necessary. Hire a private attorney for your VOP.
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