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Felony Probation fine

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September 25, 2008, 13:48
MMB
Felony Probation fine
On an deferred probation adjudicated to 10 years probated standard for 10, do you know of a way to make the new fine payable to the probation department?
September 25, 2008, 14:55
Ken Sparks
It can be ordered paid through the probation department as a condition of probation, but cannot be kept by the probation department.
September 25, 2008, 15:18
MMB
I believe if they are continued on deferred then I could make the fine payable to probation, but since the regular probation wopuld be a new probation rather than a fine on a continued probation it would go into the general fund.
September 25, 2008, 15:37
Ken Sparks
I am unaware of any law that allows a fine to be paid to and kept by the probation department.
September 30, 2008, 11:04
MMB
I believe it is CCp 42.12 Sec.22 (d) A judge may impose a sanction on the defendant ... by increasing the fine...The judge shall deposit money recieved from an increase in the defendant's fine under this subsection in the special fund of the county treasury to be used for the same purposes for which state aid may be used under Chapter 76, Government Code.
September 30, 2008, 11:52
Ken Sparks
You are correct. I wonder if any defendant has enough money to ever pay one of these "sanctions"?
October 01, 2008, 12:14
MMB
When the alternative is the pen if they can pay they usually will. In our jurisdiction this usually occurs in situations where the individual works in the oil and gas drilling industry and has substance abuse issues. This is a job where people receive relatively substantial pay and the employers are seemingly undeterred from hiring individuals with criminal records.
October 03, 2008, 15:10
E. Foley
Yes, it's interesting which employers seem to be concerned or nonchalant about criminal pasts on their employees. Like decididng to hire a restaurant manager with multiple felonies and assorted crime of moral turpitude, then seeming shocked when some of the thousands of dollars of cash that should have been deposited at the bank daily somehow go astray. Gee, imagine that. But in an oil and gas industry job, you really would think they'd specifically be concerned about the potential safety and liablity issues involved with substance abusing employess. Go figure.