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How do you get off Probation when you still owe $$$? ~ Chosen as Best Answer on AVVO.com ~ Call Michael A. Haber, Esq. @ **ARRESTED

Q:     I am at the end of my 3 year term on state probation and still owe $8,500. How do I get off my probation?  I have the ability to terminate my probation early,… Scroll down to read more!

February 2, 2015 / Michael A. Haber /

Q:     I am at the end of my 3 year term on state probation and still owe $8,500. How do I get off my probation?  I have the ability to terminate my probation early, would have terminated in March 2014. I was not able to get off probation early because of my financial debts. I have not paid very much of my debts since I’ve been on probation because of hardships and having 2 kids. Besides not paying, I have done everything else and have had no problems on probation. My full 3 year probation sentence is due to end in August of 2015. My probation officer says I can not get off probation until it is paid in full, $3,000 in restitution and around $5,500 in court and other fees. I have not paid very much of these debts while on probation because of hMy question is can I get my debts transfer to a civil case or is there any other way to get this taken care of before August?

A:     Chosen as “Best Answer” by Asker!
Locally licensed lawyer

For questions involving state laws, lawyers who are licensed in the same state as the asker are often able to provide more relevant answers than out-of-state lawyers.

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Michael Adam Haber

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Criminal Defense Attorney – Miami, FL

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Betty Elaine Jones
Criminal Defense Attorney – Brandon, FL

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Answered . There is no such thing as a debtor’s prison in the US or FL. That said, if you willfully and substantially fail to comply with the conditions of your probation – including making court ordered payments – then a violation can be filed and, if the court finds that you both willfully and substantially failed to comply then you can be incarcerated.

But in order to incarcerate you for failure to pay the court must first hold a hearing and afford you due process, including a right to present evidence that your failure to make your Court Ordered payments was not willful – that is to say that you could not (not that you chose not to) make the payments. If you truly could not then your violation should not be considered “willful”, and without that necessary component you cannot be violated and incarcerated.

The Court has other alternatives to jailing you; namely it can choose to extend your probation (so as to afford you more time to pay) or it can convert your payments into what is referred to as a “criminal order” (a non-dischargeable debt which you can be held to pay even after your probation is terminated).

All of this said, if you know that you will not be able to make your payments then you will be best advised NOT to wait for your PO to violate you and instead you should consider causing the matter to be brought before Judge beforehand – thereby hopefully impressing your Judge by your preemptive demonstration of a respectable level of acceptance of responsibility.

If you truly cannot make your payments and if you have a lawyer then you should discuss this with her / him and have a preemptive motion filed; if not then you should consider asking your PO if s/he will assist you to get the matter in front of the Judge now, as opposed to waiting for an imminent violation.

Either way so long as you are not spending your money on superfluous things and you are truly strapped for cash then I am confident that the good Judges of the 20th Judicial Circuit will show some compassion and understanding to your situation.

I hope that I have been helpful in answering your question.

First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.) 


When it comes to the subject of “Cops, Courts and Constitutions” you should always have a skilled and experienced criminal defense attorney who is focused on serving your interests.  While we can’t stop the cops from arresting you, as your legal counsel Michael A. Haber, PA will ensure that your rights are respected from the moment that representation begins and that any abuses which may have occurred beforehand are remedied.


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THIS BLOG POST (AS ARE ALL OF HABERPA BLOG POSTS) IS A PUBLIC SERVICE ANNOUNCEMENT WHICH IS PRIMARILY DESIGNED, BY WAY OF REAL WORLD EXAMPLE, TO ASSIST THE GENERAL PUBLIC IN AVOIDING CONDUCT WHICH COULD FORESEEABLY RESULT IN ARREST AND PROSECUTION!  


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Michael A. Haber

At Michael A. Haber, P.A. "it's all about reasonable doubt"! Whether in State or Federal Courts, Michael A. Haber, P.A. strives to ensure that his client's rights are respected and that his clients receive top-tier legal representation and counsel. For more than a quarter of a century I have striven to make Michael A. Haber, P.A. a business that custom tailors its services to meet the needs of the client. This incorporates such things as (but is not limited to) doing my best to meet clients at their convenience (as opposed to mine), in locations and at times which are mutually convenient (sometimes at their homes, places of business, independent ground - having free wifi and excellent coffee any Dunkin Donuts always works for me - and occasionally even at odd hours), structuring fees to reasonably accommodate the parties, making myself personally available to the client as close to 24/7 as is possible and, perhaps most importantly, giving careful and comprehensive consideration to both micro and macro issues in a given case so as to be able to agree upon and effort toward a viable litigation objective. This is why I refer to Michael A. Haber, P.A. proudly providing "boutique criminal defense litigation" (being "a small company that offers highly specialized services"), and this is a large part of Michael A. Haber, P.A.'s mission statement Accordingly, Michael A. Haber, P.A. has provided personalized and boutique legal services to both individuals and entities, primarily in the South Florida area, since 1991. With no history of professional discipline whatsoever, Michael A. Haber, Esq. zealously advocates his client's interests and custom tailors his services to meet each client's particular situation, needs and desires. Toward that end Michael A. Haber, Esq. makes himself directly available to his clients whether in person, over the phone (305-381-8686 or Toll Free 1-888-SHARK-8-1), by cell, verbally or text (305-798-2220), by e-mail ([email protected]) on Facebook ( http://www.facebook.com/haberpa ), on Twittter, (@Sharkjy910) on AOL/IM (Sharky910), and also why I consistently add information to the public on both the Michael A. Haber, P.A. Criminal Michael A Haber PA Criminal DUI Defense Litigation Miami Blog (http://www.habercriminallaw.blogspot.com/) and with my "Webisode" series on YouTube (http://www.youtube.com/c/MichaelHaberLaw), whcih currently features 222 briegf VideoFAQ's on a variety of Criminal Defense, DUI and BUI related topics. When you hire Michael A. Haber, P.A. you get Michael A. Haber, Esq.! And remember, at HaberPA, it's all about reasonable doubt!

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  • positive review  Top notch, very skilled, and highly attentive. Mr. Haber is a fantastic criminal defense attorney.

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  • positive review  Thanks again. You are second to none when it comes to defending your clients. For that, I thank you

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  • Excellence in criminal defense. Very informative And upfront of wiyh your crimanal defense

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