The defendant was charged with failure to comply with probation by not paying restitution of $2,023.15 by the end of a three-year probation term.
The defendant had pleaded guilty to fraud, communicating for the purposes of prostitution, failure to comply with a recognizance, and possession of a controlled substance.
The sentencing judge imposed probation with a restitution condition, finding that the defendant would have the ability to pay over the three-year period.
The defendant made no payments, repeatedly lied to the probation officer about making partial payments, and spent between $2,400 and $4,800 per month on crack cocaine during the probation period.
The trial judge found the defendant guilty of the breach charge, holding that while abject poverty can constitute a reasonable excuse for non-compliance, such cases are rare and compliance must be virtually impossible.
The defendant's continued drug use, repeated false promises, and failure to apply for a variance of the order negated any reasonable excuse based on poverty.
