QUESTION
Does an accused have to pay court cost even if they are not guilty of the charge?
Asked on Mar 04th, 2013 on Criminal Law - New York
More details to this question:
I am charged with a misdemeanor theft and refused the plea bargain because I am not guilty of the charge. My public defender says I will have to pay $1,300.00 for court costs even if I am found not guilty.
8 ANSWERS
Michael J. Breczinski
Well you may need to pay for the court appointed attorney either way. But you would have no fine to pay.
Answered on Mar 12th, 2013 at 8:40 PM
John J. Carney
If you are acquitted of the crime at trial in a criminal case the judge cannot charge you anything.
Answered on Mar 08th, 2013 at 9:41 AM
Criminal Law Attorney serving Oakland, CA
at
Law Office of Jared C. Winter
Update Your Profile
I can only guess as to what your public defender was referring to, but my guess is that he was referring to attorneys fees. Sadly, the courts in many counties assess attorney's fees for the services of the public defender. These fees go to the county, not the actual public defender representing you. They cannot force you to pay if you have no ability to do so. The threat of slapping you with attorneys fees should not be used as a way to get you to plead guilty. If you are not guilty, then go to trial.
Answered on Mar 06th, 2013 at 7:41 PM
Criminal Defense Attorney serving Brighton, MI
at
The Law Office of Steven M. Dodge, PLLC
Update Your Profile
That does not sound correct. If you are acquitted, you cannot be assessed fines or costs. In some circumstances, however, you might be required to reimburse the county for court appointed attorney fees.
Answered on Mar 05th, 2013 at 2:15 PM
Generally, if you are found to be not guilty, you do not pay court costs in Oklahoma. Conversely, there are times the prosecution, if the case is iffy on its merits, may offer to dismiss the charges if the defendant agrees to pay court costs. Court costs are not the same as fines, though both are collected through the court clerks office.
Answered on Mar 05th, 2013 at 2:14 PM
Dennis P. Mikko
If after a trial you are found not guilty, there is no court costs assessed. You would be released and bond would be cancelled.
Answered on Mar 05th, 2013 at 2:13 PM
Adoptions Attorney serving Lansing, MI
at
Austin Legal Services, PLC
Update Your Profile
That seems awfully high for a misdemeanor to me. You can be required to reimburse the government for the cost of your public defender, but I doubt it would be that high. Ask me exactly where and how he is getting that figure. If that is a concern, you can always ask the court to find you indigent and ask them to waive any court-appointed attorney fees. The worse that will happen is that they say no.
Answered on Mar 05th, 2013 at 2:13 PM
Criminal Defense Attorney serving New York, NY
at
Maryam Jahedi Law Firm
Update Your Profile
No if you are found not guilty you do not have to pay any fines or surchages to the Court.
Answered on Mar 05th, 2013 at 2:13 PM