Legal Question in Criminal Law in Indiana

Is failure to pay probation fines a ''violation''?

I pled guilty to the crime I was accused of to get out of jail on a plea bargain(It would have been a geographical impossibility for me to have even been at the crime scene!)I was sentenced to 1 year probation.I met all the requirements of the probation agreement the entire year.BUT,I have still been unable to pay the $600+ fees the probation dept.ordered me to pay,including court costs.I informed my probation officer at the ''final appointment'' that I had been advised by my doctor to apply for disability and therefore could not yet pay.He said he'd ''monitor'' the case and see if I began to attempt payment and if I was regularly making them. I haven't yet, I am only just now getting back to work.Can they put me in jail?Is this a violation? I was off probation nearly 5 mos. ago.I am stressed not knowing if I am going to get arrested.Please reply ASAP.Thank you.


Asked on 10/30/04, 3:05 pm

1 Answer from Attorneys
Ralph Tambasco Tambasco & Associates,P.C. Attornenys at Law

Re: Is failure to pay probation fines a ''violation''?

As you were placed on probationas a result of pleading guilty, you were obligated to complete all terms of your probation. If all has been completed but for payment of costs, case law does not favor a violation and incarceration. To do so would create a debtor's prison which has long been rejected by this country's founders and history. The nonpayment of costs would have to be coupled with the failure to have complied with some other term of probation to be violated and risk imprisonment.

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Answered on 10/30/04, 8:07 pm


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