Legal Question in Criminal Law in Tennessee
Will I get reinstated on probation for a first affence violation of probation failure to report due to the fact that I couldn't make a payment but I do have a job now that I am not trying too lose
1 Answer from Attorneys
Prediction is very difficult, especially about the future.
There is a big difference between "I didn't report" and "I missed a payment."
They are not related.
Report to your probation officer whether or not you can pay.
Make payments whether or not you are required to report.
The courts look harshly on people who don't report to their probation supervisors.
As for non-payment, you won't go to jail if you CAN'T pay,
but you will probably go to jail if you WON'T pay.
Be prepared to show pay stubs, tax return information (your W2 forms should be available soon, with a recap of how much money you made last year); show bills, child support payments, and so on to the judge to make it clear that you just plain don't have the means to pay.
HINT: As one of my clients learned, things will probably go better if you are pleading poverty and trying to prove that you are not deliberately refusing to pay fines or court costs, not to have a $5.00 pack of Marlboro's sticking out of your shirt pocket.
Just saying ...
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