When a defendant is convicted of a criminal offense, the defendant is usually required to pay fines and costs as part of his or her sentence. If the defendant has only been ordered to pay fines and costs, the defendant will be discharged from a judgment requiring fines and costs upon full payment of the fines and costs to the proper authorities.


If a defendant is ordered to pay fines and costs as part of his or her sentence, and the defendant fails to pay those fines and costs, the defendant may be imprisoned or jailed until the fines or costs are paid. However, the defendant cannot be confined longer than the maximum punishment for the offense for which the defendant was sentenced. Also, if the defendant is indigent, the United States Constitution prohibits the defendant from being imprisoned or jailed solely because he or she is unable to pay the fines or costs. Therefore, a trial court may not convert a fine into a jail sentence if a defendant is indigent and is unable to pay the fines or costs.


If a defendant is sentenced to both imprisonment and a fine, a trial court may require the defendant to remain in confinement until the fine is paid, as long as the defendant is not confined longer than the maximum punishment for the offense for which he or she was sentenced. The United States Constitution does not prohibit the confinement of defendants who are financially able to pay fines and costs.


Costs are generally collected from a defendant by prosecutors, by court clerks, by sheriffs, or by justices of the peace. The defendant does not have to pay the costs until a written bill for the costs is produced by the official who is charging the costs.


A defendant who is convicted of an offense may be required to pay costs to criminal justice funds. The amount of those costs depends upon the degree of the offense that is committed by the defendant. The defendant may also be required to pay costs to law enforcement funds, to victims' compensation funds, or to crime stoppers' funds.


A defendant who is convicted of an offense may be required to pay fees for the services of peace officers in the defendant's case. The amount of those fees depends upon the services that are performed by the peace officers. These fees include fees for issuing notices to appear, arrest warrants, witness summonses, or writs. The defendant may also be required to pay for a peace officer's appearance in court or for the peace officer's travel time.


A defendant is usually required to pay costs to the clerk of the court in which the defendant was convicted. The defendant may also be required to pay costs that are incidental to his or her trial, such as security fees, prosecutors' fees, or jury fees.


If a defendant is convicted of an offense involving alcohol or drugs, the defendant may be required to pay costs for mental health evaluations, for counseling, or for drivers' education classes.

Copyright 2006 LexisNexis, a division of Reed Elsevier Inc.