Legal Question in Criminal Law in Texas
criminal law
I heard they cant lock me up due to inability to pay probation fees ,what about statute 42.12
2 Answers from Attorneys
Re: criminal law
You are correct however, there is usually a hearing to determine your inability to pay.
Sincerely,
Erick Platten
PLATTEN LAW OFFICE
STATE WIDE REPRESENTATION
Re: criminal law
You can be arrested and jailed for failure to meet your probationary financial obligations. At a hearing, you have an affirmative defense (one that you must prove) that you were unable to meet those financial obligations. Some courts have held that those who make zero effort to pay are not allowed to raise the affirmative defense, ony those who have tried to pay and fallen short. Many judges will simply extend probation, but who wants to be on probation even one day longer than they need to be? Better to owe somebody who can't put you in jail than somebody who can.
Related Questions & Answers
-
Bad favor My friend was arrested and charged for pills that are mine. I have a... Asked 3/10/08, 8:37 am in United States Texas Criminal Law
-
Assault causes bodily injury Can charges be dropped or dismissed by the persons who... Asked 3/08/08, 1:08 pm in United States Texas Criminal Law
-
Going on the run with a murder suspect what will happen if I go on the run with a... Asked 3/08/08, 12:05 am in United States Texas Criminal Law
-
Theft less than 500.00 charege My son has a charge with warrant for theft less than... Asked 3/07/08, 11:12 pm in United States Texas Criminal Law
-
What to do I wrote a check to a person that was suppose to be buying supplies for... Asked 3/05/08, 5:33 pm in United States Texas Criminal Law