Misdemeanor Court Costs Explained
The general concept behind court costs for misdemeanors is an important one for anyone involved in a misdemeanor case to understand. Essentially, court costs are fees assessed by the court to cover the administrative expenses of processing a misdemeanor case. These costs may include fees for filing documents, jury service, witness fees, and other expenses such as: • Clerk’s fee • Sheriff’s fee • Indigent defense fund fee • Crime victim’s fee • Alcohol and drug rehab cost • Fees to regional competent authority • Fine for creating a financial hardship • Assessed when appointing a public defender It is essential to keep in mind that courts have the right to charge and collect court costs in misdemeanor cases . Cost recovery is an important factor in the ability of a court to operate. The manner in which courts recover such costs varies from state to state . either way ,court costs are typically assessed as part of any conviction. In general, the precise amount of court costs varies greatly, depending on the jurisdiction and the severity of the offense. In most instances, fines will also apply, a separate entity from court costs. In addition to the monetary component, these charges represent some of the remaining obligations a defendant has in connection with a misdemeanor conviction.
What Influences the Court Costs?
While it’s difficult to say exactly what the total cost of court will be upon finding yourself charged with a misdemeanor, simply because of case-by-case variables that arise, there are some general factors that can come into play to determine what the final amount of court fees will be. One of the most important factors is the actual offense that you have been charged with, and the severity levels of those charges. Two misdemeanors that might share a similar charge, but are applied under different severity levels, will have two different levels of court costs. This means that severe misdemeanors result in higher court fees.
Another variable of court costs has to do with jurisdictional differences. Each county has different levels of coordination within their court systems, meaning that more or less administration is required to hand misdemeanor cases. The more administration the court requires, the higher your misdemeanor court costs will be. Some counties even have their own computerized municipal court systems to streamline their misdemeanor processes, heavily reducing the amount of administration required.
If your case goes to trial, your misdemeanor courtroom costs will increase even more, as costs for the jury, witnesses, and processing the additional paperwork of the trial can add up. Most misdemeanors are resolved with a plea bargain, however, so fewer misdemeanors actually reach the trial stage, although there is always the possibility that your case may end up going to trial.
States’ Average Court Costs
In determining how much it will cost to plead guilty to a misdemeanor (or be found guilty by a judge or jury) and/or to place a misdemeanor charge on the Court’s schedule for trial, one must consider the cost of court costs in that state. While many states have a standard amount of court costs, others have different court costs for different misdemeanors. In many states, the costs of a misdemeanor are higher than the costs of felony.
The range of court costs for misdemeanors across the United States is approximately $30 to $175. Texas calculates court costs on a misdemeanor according to the severity of the crime. The various misdemeanors are placed in one of five classes. Each class has a preset amount, which court costs may be adjusted depending on the judge and the level of punishment, County, Court, and the Clerk of the Court.
For example, in Kentucky, court costs for most Class A misdemeanor offenses are $230 plus other assessments, totaling about $265. Court costs for a Class A misdemeanor in Wisconsin are $239.80. On the lighter end, court costs are $56 in Illinois.
Florida is an unusual state. Each municipality has its own courts system and fines system. In Hillsborough County, the cost of court costs ranges from $115 to $835. On the small end we find court costs of $47 in Michigan to $50 in Georgia.
Cases that are dismissed out of court or resolved as deferred adjudications may still require payment of court costs. Many jurisdictions will not refund court costs because of dismissal or deferred adjudication.
In rare cases court costs may be waived if the defendant is in jail or prison or poor. In these circumstances, the defense counsel must file a motion with the court requesting waiver of the court costs.
Court Costs and Additional Fees
Courts may add on additional costs and fees to the basic court cost schedule outlined above, including administrative fees, such as the following:
Sex offender registration fees ($50 to $500) – Not all misdemeanants are ordered to register as sex offenders based on their conviction, but those who are will learn of the requirement at sentencing. Sex offender registration, which is mandatory for certain convictions in Virginia, may cost up to $500.
Surcharge ($30) – Some courts impose a "surcharge" (which is sometimes called a "conviction fee") in addition to fines and court costs when someone is convicted of a crime. This fee is intended to help fund the court system. Virginia Code § 19.2-303.2(A).
The amount of the surcharge in Virginia is set by statute at $30. A court may not impose the charge in place of and in addition to a fine or costs, but rather only after the fine and costs have already been imposed. In other words, courts are not allowed to assess a surcharge in addition to mandatory costs and fines; it must replace one of those.
For example , if the judge imposes only a fine of $1000, the court cannot also impose the $30 surcharge; it will essentially be added to the court costs, bringing the total amount owed by the convicted person to $1030.
If the shoplifting conviction is punishable as a Class 1 misdemeanor, and carries a potential maximum punishment of 12 months in jail and/or a $2502.50 fine, if (1) no fine is imposed, and (2) the judge wishes to impose all costs allowed by statute, including the $30 surcharge, the judge will impose a fine, and costs, for $2602.50 (not $2607.50).
Fees and fines for probation violations and related activities: If you are convicted of a misdemeanor but granted probation, the judge may impose a probation supervision fee. This is a common occurrence even during first-time misdemeanor charges with minor charges, such as shoplifting. If you violate the terms of your probation, the judge may impose a violation fee, a fee for a failed drug test, etc. in addition to any other fines and costs.
When and How to Pay Court Costs
When it comes to the payment of court costs for misdemeanor charges, understanding the available payment options and potential for financial assistance is critical. Florida’s courts understand that not everyone can pay their costs all at once, and as such, offer several methods of payment to help ease the financial load.
One of the easiest ways to pay court costs is online. In fact, many clerks’ offices in Florida have online payment portals that allow individuals to easily pay their court costs using a credit or debit card. This is a convenient option for those who prefer an electronic payment method, and it usually only takes a few minutes to complete the transaction.
Some individuals may find that paying all their costs in one lump sum is not financially feasible. In those cases, contacting the court directly to ask about payment plans and whether they are available for your particular situation is the best option. Not every court allows payment plans, but most do for misdemeanor charges. These plans usually consist of small monthly payments over time to ensure that the individual can eventually pay the court costs in full.
In some cases, individuals may qualify for financial assistance or income-based plans that help reduce the amount of costs they have to pay or the length of time over which they have to pay them. Eligibility for such plans is typically determined by the court and can involve providing documentation of income and expenses.
It’s important to keep in mind that, while paying court costs may seem like a minor issue, if they aren’t paid, additional fees may be added, which can make it even more difficult to pay them off. Individuals should always strive to pay what they can, when they can, using any of the available payment options.
Implications of Non-Payment of Court Costs
Failing to pay court costs can have more serious repercussions than failing to pay a fine or restitution. For instance, in some jurisdictions, failing to pay court costs in accordance with your payment schedule can result in the issuance of a bench warrant for your arrest. Further, you can be charged with additional costs for failing to comply with a court order. While the fine or restitution may still be collected in cases where the defendant does not pay court costs , that cannot be said about the cost of the sentence itself.
District courts are also known to report any outstanding costs to the credit bureaus. Upon collection by the credit bureau, this default will remain on your credit report for up to 7 years. If you are seeking a loan, financing or credit, it is likely that a lender or creditor will do a credit check and receive your report. At this point, they will be aware of your cost default and may consider it when making their decision whether or not to grant credit.
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