John Doe is sentenced to 5 years to be served on probation for theft. He is given a $5,000 fine and the judge makes a special condition of his probation that the fine be paid within 3 years of the sentence date. In three years he has not paid one dime. His probation officer files a petition of revocation. At the hearing the probation officer testifies as follows...
"John has never made a single payment towards his fine."
The state rests on that testimony. John (pro se) refuses to testify. The judge orders his probation be revoked and he spend the rest of his sentence in jail. No other finding are made by the court.
Questions: Is this a legal sentence? May the judge revoke his probation? What effect does this have on the concept of "debtor's prisons"?
Answer: It is not a legal sentence. The judge is required to make a finding that the probationer had the ability to pay and refused in spite of this ability to pay.
Link to case Since no testimony related to the probationers ability to pay was offered by probation, and no finding were entered by the court the revocation should not stand.
As to debtors prisons; that was more of a hint. If he was being sent to prison for his inability to pay that would be wrong, but if he is being sent to jail for his contempt expressed by a refusal to pay that is something completely different.