Malden, MA asked in Criminal Law for Massachusetts

Q: What can happen when you don’t pay your probation fee?

I have a probation that i have to pay 500 a month, I lost my job 3 months ago I haven’t pay anything or contact them, they haven’t contacted me either, I’m trying to get a job but due to my record it’s been really hard, this is my firs criminal case i stole money from a employer almost 2 years ago due to a desperate situation, they let me free because it was my first offense as long as i pay back. ¿ There’s any other options that could help me? I am a single mother and im scared to call them or show up at court because I don’t want to go jail. I need help and i would like a private attorney that could help on my case. I feel i could have more options and i just don’t know how court process are or works. Thank you

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1 Lawyer Answer
Lissa McKinney
Lissa McKinney
Answered
  • Criminal Law Lawyer
  • Acton, MA
  • Licensed in Massachusetts

A: You need to get back in contact with probation as soon as possible. You may be in violation for loss of contact, but if they havent contacted you at all that is a factor. However, it is your duty to report in if they have told you to do so. Get in to them before they issue a Violation notice to you.

You can ask to perform monthly community service in lieu of the probation supervision fee, and a judge can grant that to you. Often they put that on the docket of the case so you know you have that option. You can do the community service option until you find a job.

If you are in violation don't panic. The 1st step is whether you are in violation, the second is what to do about it, ie: what is the punishment. You are more likely to be re-probated because it related to your inability to pay. The lack of contact about it will bother the court that you took so long to get on track.

In addition, there was new legislation passed in April that will benefit you in this. The law requires writen findings before persons that are primary caretakers are incarcerated. See, https://willbrownsberger.com/criminal-justice-package-at-a-glance/

The best thing you can do is make a list of all the jobs you have applied for, and the dates if possible, so you can show you are trying. You must try, and keep track of your efforts. (Also, if you are not beinh hired because they have run your record they are required to tell you)Think about jobs where your prior they wont matter;where you wont have access to money, or be in any area of temptation etc. Remember that if you can't get someone to hire you, there may be things you can do as a self employed person to stay afloat. Good luck!

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