Q: How do I go about modifying my restitution being it is set at $1000 a month and I JUST got out of prison after 4 years? I was sentenced to 48 months DOC followed by 10 years probation. My issue is they are asking $1000 a month towards restitution as part of my probation which in no way can I afford. I don't think most people can. I owe $108,000 total. I need to know how I can get in front of a judge in Pinellas County, FL and what papers may I file on my own to do so. I would hate to violate probation simply because I need to survive and there is no way to if I have to pay the $1000. I don't even have that to spend as it is. Thanks
A: Selected as "Best Answer" by Asker on AVVO!
Answered . You will have a tough time preparing, filing, calendaring and litigating a motion for modification of your probation. I suggest that you speak with your probation officer and see if s/he will assist you in seeking a modification to a realistic monthly payment.
You should know that there is no such thing as a "debtor's prison" in the US (or in FL). If monetary conditions are all that are outstanding then the State can try to violate you, but in order for the Judge to do so s/he will first have to determine that you "willfully and substantially" failed to comply with the terms and conditions of your probation.
"Willfulness" requires some degree of choice. If you have money and choose to spend it on things other than your Court Ordered obligations then you can be punished; but if you truly do not, and if the State cannot prove that you made such a choice, then you cannot be jailed. The Court can either extend your probation (assuming that there remains statutorily permissible time for such an extension), convert your balance to either a criminal order (in the case of restitution) or community service hours (in the case of monies other than restitution) or s/he may be able to waive the costs / fees / fines and simply terminate your probation (successfully or unsuccessfully, as s/he sees fit).
My advise to you is to keep accurate records of your finances (income and expenses) and not to sweat it (unless, of course, you are willfully not paying). You may also wish to take a look at my Avvo Legal Guide on surviving probation / CC in Florida as it may be helpful to you during your probationary term.
Please see: http://www.avvo.com/legal-guides/ugc/probation-in-florida--what-it-is-and-how-to-survive-it
You should know that there is no such thing as a "debtor's prison" in the US (or in FL). If monetary conditions are all that are outstanding then the State can try to violate you, but in order for the Judge to do so s/he will first have to determine that you "willfully and substantially" failed to comply with the terms and conditions of your probation.
"Willfulness" requires some degree of choice. If you have money and choose to spend it on things other than your Court Ordered obligations then you can be punished; but if you truly do not, and if the State cannot prove that you made such a choice, then you cannot be jailed. The Court can either extend your probation (assuming that there remains statutorily permissible time for such an extension), convert your balance to either a criminal order (in the case of restitution) or community service hours (in the case of monies other than restitution) or s/he may be able to waive the costs / fees / fines and simply terminate your probation (successfully or unsuccessfully, as s/he sees fit).
My advise to you is to keep accurate records of your finances (income and expenses) and not to sweat it (unless, of course, you are willfully not paying). You may also wish to take a look at my Avvo Legal Guide on surviving probation / CC in Florida as it may be helpful to you during your probationary term.
Please see: http://www.avvo.com/legal-guides/ugc/probation-in-florida--what-it-is-and-how-to-survive-it
I hope that this has been helpful and wish you the best of luck!
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