How Can I Fight a Motion to Revoke My Probation in Texas for Unpaid Fines?

Attorney Answer

Not being able to afford your fines is a real, recognized defense to a motion to revoke probation, but you need to raise it clearly and with evidence at your hearing on June 2, and having a lawyer there will make a significant difference.

Texas law gives you real protection here. When a revocation motion rests only on unpaid supervision fees, court costs, or appointed-lawyer costs, the State must prove you were actually able to pay and did not pay as ordered (Tex. Code Crim. Proc. art. 42A.751(i)). And for unpaid fines more broadly, the US Supreme Court held in Bearden v. Georgia that a court cannot revoke probation for nonpayment without first considering whether the person had the ability to pay and whether other measures, short of incarceration, would meet the state's interest in punishment and deterrence.

That means your inability to pay, if you can show it, is not just a sympathetic story. It is a legal defense the court is supposed to weigh.

Steps to take before June 2:

1. Get a lawyer now, even at the last minute. If you cannot afford one, ask the court to appoint a public defender at your hearing. You have a right to request this, especially since revocation can lead to jail time. 2. Gather proof of your financial situation. Pay stubs, unemployment records, benefit statements, medical bills, or anything showing your income and expenses. The more concrete evidence you bring, the stronger your ability-to-pay defense. 3. Document your efforts to pay. Any partial payments, payment plan requests, or communications with the court or probation office about your finances help show you were not simply refusing to pay. 4. Ask about alternatives. Texas law allows courts to consider community service, an extended payment plan, or a reduction in the amount owed instead of revocation, if nonpayment was not willful. 5. Appear at every hearing. Missing court will hurt you far more than the payment issue itself.

Since you mentioned you have tried to address this with your probation officer before, bring documentation of that conversation too. It shows good faith.

This is general legal information, not legal advice about your specific case. A Texas criminal defense attorney, or a public defender if you qualify, can review your finances and build the strongest version of this argument for your June 2 hearing.