Legal Question in Criminal Law in Texas

Can they revoke my probation?

I am on probation in Texas for a state felony theft. When my original probation payments were decided on, I was single and living with my parents. I am now married with a baby on the way and living on our own. I can no longer afford to make the $300 a month payment they are requiring. My PO said they wouldn't be able to drop the payment. I have never missed a meeting, I have had the same job for over a year now and I am doing my community service as ordered. I do not do anything against my probation. Plain and simply, the only thing I cannot do is afford to pay the entire amount. Can they revoke my probation based solely on this? I am already almost $1000 behind and I am afraid of going to jail. Can someone please tell me what I need to do?


Asked on 5/15/03, 12:31 pm

1 Answer from Attorneys
Basil Hoyl Law office of Basil Hoyl

Re: Can they revoke my probation?

The best practical answer you can get is that you need to take a second job. While it is not proper to revoke a probation for inability to pay, you may not appeal the revocation of a deferred adjudication should the court decide to revoke you. Also, if the probation officer sends it in and a motion to revoke is filed, even if you win, you will have bond fees, attorney's fees and such...

http://www.reasonable-doubt.com

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Answered on 5/15/03, 12:54 pm


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