The costs of a conviction can add up quickly. It’s common for defendants to face jail or prison time, probation, and other types of punishments. It’s also standard for defendants to face a hefty bill for their crimes. These costs often include criminal fines, fees, surcharges, and victim restitution. This article will review these various criminal costs.
Criminal Fines
Criminal fines punish an offender, similar to incarceration. A state or federal law will typically provide a maximum (and, sometimes, minimum) fine for a particular crime.
Fine Amounts
Generally speaking, the more serious the crime is, the higher the potential fine will be. An infraction (such as a traffic violation) represents the least serious type of offense and can be punished by a fine only (no prison time). The fine for an infraction will often be less than $500. Misdemeanor crimes might carry maximum fines of, say, $500, $1,000, or $2,500, whereas felonies tend to max out in the tens of thousands of dollars. Every state and the federal government set different fine amounts for crimes.
Determining the Fine Amount
Judges often have a lot of leeway when it comes to setting the fine amount. For instance, a judge will typically consider:
- the seriousness of the offense
- the defendant’s criminal history
- the defendant’s ability (or not) to pay the fine, and
- the defendant’s remorse or willingness to make amends for the offense.
For misdemeanors, judges might impose a fine with no other punishment, particularly when the crime was relatively minor and for first-time offenders. If the conviction was for a felony or serious misdemeanor, a judge might impose a higher criminal fine in addition to jail or prison time, probation, or community service.
Restitution Payments to Victims
Restitution is another financial consequence of some criminal convictions. Unlike fines, whose primary purpose is to punish, restitution repays victims for their losses. Restitution might go directly to the victim or to a victim compensation fund. The sums collected help replace stolen or damaged property, cover medical bills, contribute to funeral expenses, and defray other costs. In many states, restitution is part of the criminal sentence. Generally, the judge will impose a set restitution amount during or after sentencing.
Most states prioritize any payments made by a defendant to go to victim restitution. After that is paid, payments will go to fines, fees, and surcharges (the government’s portion).
Criminal Fees and Surcharges
Fines and restitution are not the only ways defendants financially pay for their crimes. Most states have laws that require judges or court clerks to add certain fees to a sentence. Unlike fines, judges generally can’t waive fees or consider the defendant’s ability to pay the fee. The total amount owed by a defendant can end up being many times greater than the actual fine.
Fees and surcharges raise money for the government to run the criminal justice system (although the money might go elsewhere, too). Each state or local government imposes different fees for various purposes. For instance, a defendant might be required to pay a crime lab fee, jury fee, court fee, alcohol assessment surcharge, and crime prevention fee. The list goes on and on. These costs get tacked on to the criminal sentence.
How Long Does a Defendant Have to Pay Criminal Fines, Fees, and Restitution?
Criminal fines, fees, surcharges, and restitution are generally due when the sentence is handed down. However, judges may allow defendants a certain amount of time to pay these costs or set up a payment plan. Depending on the state’s laws, the court might order payment of fines and restitution as a condition of probation.
Once the defendant finishes their sentence (incarceration, probation, or stayed sentence), any outstanding court debt may end up in collections. Each state differs in how it collects these payments. It could come out of tax refunds. Or the state might garnish the person’s wages, go after their assets, or place liens on their property. In the case of restitution, the victim might be able to go to court and get a civil judgment to enforce the debt (similar to the state).
How Do Inmates and Prisoners Pay Fines, Fees, and Restitution?
Payments might be suspended while a defendant is incarcerated, but not always. If the defendant works while incarcerated, a portion of those earnings might go straight to restitution payments or other court-ordered debt. Inmates who posted bail with the court might be surprised to find that money gone and directed to restitution payments or court debt. Any money or assets an inmate accrued or gained while incarcerated (for instance, an inheritance) may also go towards paying off court-ordered debts.
Can You Go to Jail for Not Paying Criminal Fines, Fees, and Restitution?
The consequences of not paying criminal fines, fees, and restitution depend on whether the person had the ability, or not, to pay. Defendants who can pay but refuse to could end up in jail for contempt (willful failure to obey a court order). But defendants who can't afford to pay cannot be thrown in jail for being poor.
A judge will need to consider the defendant’s financial resources and responsibilities to determine if failure to pay is willful or not. If not, the judge might allow smaller payments, reduce the amount owed, or send the outstanding amounts to collections. More information can be found in our article, Paying Criminal Fines: What If I Cannot Afford to Pay My Fine?
Can Charges Be Dropped If the Defendant Pays Restitution?
A few states allow what’s called a “civil compromise” for criminal liability. These statutes allow the court to dismiss criminal charges if the defendant pays restitution to the victim, but only in very limited circumstances. The point of these statutes is not to let the rich get off easy. Rather, these laws aim to keep cases out of the criminal justice system that can be sufficiently handled through the civil legal system and don’t involve public harm.
Typically, civil compromises can only be made in misdemeanor cases where restitution can correct the wrong and the victim voluntarily agrees to the settlement. This might occur in a situation where the only harm was to private property or a person (such as trespassing or property damages). It’s not allowed for offenses that present harm to the public.
In cases where the prosecutor agrees to hold off on filing criminal charges (such as diversion), the prosecutor might condition the agreement on the defendant making full restitution to the victim, among other conditions.
Talk to a Lawyer
If you've been convicted of a crime whose sentence carries the possibility (or certainty) of a fine, and have questions about how, if at all, you can obtain a lower fine, speak with an experienced, local criminal defense attorney.