Asked 6/21/2016 – Galveston, TX

I am on probation for a felony that was turned into a misdemeanor. I did not want to plea guilty not be on probation but my attorney told me if I took it to trial, I could go to prison. I told him that I could not afford to pay probation and he told me that I could not get in any trouble for not paying. I had never been on probation before so I believed it. Now I have 3 months left and was told if I do not pay, then I will go to jail. I have a 7 month old daughter that I take care of by myself so every dime I get, goes to taking care of her. It’s hard to find a job due to not having child care. Is there anything I can do at this point to avoid jail? I signed a paper asking if they could lower my amount and they denied it. I am really scared of losing my daughter. I have so much to pay and so little time to pay it. Is there anything I can do at this point?

Answer

You will have to speak with the Judge who ordered your probation. He/she is the only person who can waive any or all of your fees. Go to the court (do not just call). Go up to the bailiff and ask to speak with the Judge about your situation. Most judges want you to succeed on probation and have no interest in putting you in jail over money. Whatever you do, do NOT panic, quit reporting then run off and hide because you think you are going to jail. The default mode in the judicial system for not reporting or not addressing an issue is a warrant, and it will be much more difficult to fix your situation once a warrant is issued. The court will work with you.