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What if I still owe money (restitution or court or probation costs)?

Category: Probation Dos and Don’ts

There is no such thing as a “debtor’s prison” in Florida. If monetary conditions are all that are outstanding then the State can try to violate you, but in order for the Judge to do so, he/she will first have to determine that you “willfully and substantially” failed to comply with the terms and conditions of your probation. “Willfulness” requires a degree of choice. You can be punished if you are found to have money and chose to spend it on other things than the Court Ordered obligations. However, if the State cannot prove that you made such a choice, then you cannot be jailed. If you are financially struggling, the Court can extend your probation, convert your balance to either a criminal order or community service hours or they can waive the costs/fees/fines and simply terminate your probation as the Court sees fit.