Criminal sentences often include a fine, in addition to jail time and restitution. Sometimes the sentencing judge has no discretion as to whether to impose a fine, or the amount; but often, the judge has some leeway. In addition to fines, defendants must often pay court costs and fees. Not many defendants can pay their fines and fees right away, so what happens then?
Consequences of Not Paying a Court-Ordered Fine
When the sentencing judge calculates the total debt owed by the defendant, the defendant must immediately pay the full amount or pay a fee to set up a payment plan with the court. Sometimes defendants fail to pay, can’t pay, or pay late, which can trigger the judge to issue a bench warrant or a probation violation hearing—and the defendant gets hauled back into court.
Can You Go to Jail for Not Paying Criminal Fines?
The key U.S. Supreme Court ruling dealing with unpaid fines says that only defendants who have money and refuse to pay can be sentenced to jail for violating the court’s order to pay the fine. (Bearden v. Georgia, 461 U.S. 660 (1983).) Judges should not jail defendants if they are unable to pay.
Judges typically decide whether a defendant is unable, or simply unwilling, to pay a fine. It’s up to the defendant to convince the judge they are unable to pay. A defendant might present evidence of their current income (or lack thereof), their household expenses, and dependency expenses. If the judge isn’t convinced, the defendant could end up in jail.
Additional Consequences for Not Paying Court Fines and Fees
Courts will automatically charge interest and additional fees on overdue fines and fees if a defendant fails to pay it immediately or on time under a payment plan. In addition to imposing extra fees and interest, the court can:
- Send the debt to a collection program. When defendants lose contact with the court or miss payments, courts might refer the debt to a collection program. Collection programs use a variety of tools, starting with letters and phone calls, to motivate defendants to pay their debts. One of the first sanctions used by collection programs is to add additional fees to the debt.
- Suspend drivers’ licenses and vehicle registration. A judge may also direct the state’s driver’s licensing agency to suspend the defendant’s license and vehicle registration. Some states also restrict a defendant’s voting rights for unpaid court-ordered debt.
- Seize a defendant’s personal property such as bank accounts, wages, and tax returns. If defendants remain delinquent, collection programs or the state might garnish their wages or levy their bank accounts and tax refunds to force them to pay the debt.
- Place a lien on real property (such as a house). As a last resort, collection programs might try to force defendants to sell their homes to collect the debt.
- Prevent a defendant from clearing a conviction record. Court debt is a barrier to expungement and record sealing in many states.
It's very difficult for defendants to get rid of court-ordered debt. Compound interest and fees add up quickly. So, with each day that goes by, the debt increases. (Check out "Getting Trapped in a Revolving Door of Court Debt," below.) Fines and restitution ordered in a criminal sentence cannot be discharged in any type of bankruptcy case.
What to Do If You Can't Afford to Pay Criminal Fines and Fees
If you can’t afford to pay your criminal fines and fees, take it up with the judge as soon as possible. The longer one waits, the bigger the “ask” becomes. For traffic fines where you don’t end up before a judge, you might need to speak with a court clerk. In any event, be prepared with documentation showing your income, assets, living expenses, child support obligations, and receipt of any public assistance. And show up in court (if that’s what is required) on time.
The available options will vary depending on where you live. But you might ask for:
- a fine reduction hearing or ability-to-pay hearing
- a lower payment plan
- partial waiver of program or administrative fees
- community service or job training requirements instead of fines
- daily jail credits (if you’ve spent time in jail), or
- a restricted driver’s license so you can get to work (if your license was suspended due to nonpayment) and make payments.
Don’t show up to court empty handed. A judge isn’t likely to take your word for it—you need paycheck slips, bills, receipts, bank account balances, rent or mortgage payments, and other proof of financial assets and obligations. If you’re unemployed, be prepared to show evidence that you are actively searching for a job.
Talk to a Lawyer
If you're facing a criminal conviction, talk to your lawyer about the financial obligations involved and your ability or inability to pay them. Your lawyer might ask for a reduced fine at the time of sentencing based on your financial circumstances. If you're already facing court fines and fees that you can't pay, reach out to the court regarding what options are available. Legal aid organizations might also assist those facing a mountain of criminal justice debt.