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DWI Probation Violations Can Lead Back to Jail

DWI Probation Violations Can Lead Back to Jail

If an individual is convicted of a crime, he will likely be placed on probation. Probation, includign DWI probation, will require the individual to comply with a number of different terms, such as completing community service, submitting to random testing for drugs and/or alcohol, taking certain classes, and paying fines. What the individual is not told at sentencing is that additional fees come along with probation. For example, the individual will likely be required to pay for any drug testing costs (even though the individual is ordered to complete drug testing) and the costs of sitting in jail (even though the person obviously does not want to be in jail). These fees will be ordered on top of any other fines or fees associated with probation.

Probation fees can add up quickly. When the person doesn’t pay the probation fees on time, the fees can be sent to a collections agency. The collections agency can then try to hunt the person down, in order to collect the money for the probation fees, including using “Revenue Recapture” to take their tax refunds as payment for unpaid probation fees, restitution, or fines.

In Minnesota, individuals typically are not jailed for failing to pay fees or fines. Minnesota doesn’t engage in a practice of throwing people in jail for failure to pay fees or fines, although failure to pay restitution CAN lead to jail time.  However, unlike in Minnesota, some states are now jailing people for failure to pay probation fines or fees. For example, if an individual owes $1,000 in probation fees, the person will be put in jail for failure to pay. Then, while sitting in jail, the person will incur even more costs against them. Then, once released, the person will still owe the original amount, plus any amount incurred while in jail. And all the while, the person will not be able to maintain employment, in order to earn money to pay down the amount of the fines.  If you or a person you  know has been charged with a probation violation, contact a tough, experienced Minnesota Probation Violation attorney today.

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