01/23/2020
If you honestly do not have the ability to pay for a drug test or cost of supervision, and misdemeanor probation and the courts have not determined you have the ability to pay, yet you willfully refused, they “can not” violate you.
That came straight from Idaho’s state appellate public defender.
By getting you to sign a failure to provide, simply because you could not pay for a drug test, they are having to admit guilt to something that you are not guilty of, and is how they get away with crap like this.
Also if you have informed your probation officer that you are struggling financially, and they refuse to make arrangements for you to go before a judge to determine if your fees can be exempted in part or in full, contact the cassia county commissioners and the clerk of the court by email, or ask to speak at their Monday morning meeting, document everything, it’s time people start getting treated fairly.
This is another major issue that will need to be taken to the state appellate public defender if it continues, I’m sure it will, because he understands that 44 counties are pretty much doing what ever they want when it comes to misdemeanor probationers, and I truly believe he’s here to help resolve our issues.
Most importantly, misdemeanor probation officers “do not” have the authority to say whether or not you qualify for exemptions, it must be determined by a judge, as per Idaho code.
