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


Asked on 3/10/08, 8:54 pm

2 Answers from Attorneys

ERICK PLATTEN LAW OFFICE OF ERICK PLATTEN

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

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Answered on 3/10/08, 11:38 pm
Pat Montgomery Board Certified in Criminal Law by the Texas Board of Legal Specialization

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.

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Answered on 3/11/08, 7:53 am


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