Legal Question in Criminal Law in Tennessee
I live in Tennessee I'm on misdemeanor probation I have my court cost and fines paid off I only owe back probation fees is there anyway to get them reduced Or some way to get off probation I don't have the money to pay the back supervision fees And that's all I owe and its hard having to go see her every week
1 Answer from Attorneys
The trial court (the judge who heard your case) has the authority to waive any unpaid fines, court costs, or probation supervision fees upon a showing that you are indigent (too poor to pay them).
Each court (judge) has his or her own procedures to receive motions to waive costs/fines/fees. Ask the clerk of the court. Here in Clarksville there is a form "fill in the blanks" motion that the clerk of the court will hand out to a defendant on request. The usual advice is to fill out the form, be very specific what you are asking for (total waiver, cut debts in half, waive the arrearage but continue to pay from now on, etc.). Attach to the motion some reasonable proof to give the judge a sense of whether to grant the motion without a hearing, set the matter for a hearing, or deny the motion without a hearing. As a minimum, attach a record of what you owe, and what you have paid so far. Then show proof of inability to continue to pay. For example, attach pay stubs for the past few months showing little income, attach an affidavit of income and expenses (the same form used to show indigence to get a Public Defender), show copies of bills, dun letters, etc.
The judge can grant the motion without a hearing (in Clarksville, the judge often simply writes on the bottom of the motion "Granted" and the clerk of the court files it in the case file). On the other hand, the judge might decide -- especially if you file a motion with no supporting proof of income and expenses -- to denied the motion without a hearing. In that case the judge often writes "Denied" on the bottom of the motion. Finally, if the judge wants to hear more proof, especially if the judge wants your statements under oath and "on the record" the judge might tell the clerk to set the motion for a hearing. In that case you should come to court will neatly organized proof of what you owe, what you make, and what exactly you are asking the judge to do.
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