QUESTION

when you go to prison and serve your time is your fines forgiven or do you still have to pay them

Asked on Aug 05th, 2011 on Criminal Law - Kansas
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1 ANSWER

Complex Federal Criminal Defense Attorney serving Denver, CO at Jeralyn E. Merritt
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Many crimes are punishable by both a fine and imprisonment. If your sentence includes both a jail or prison term and a fine, you remain obligated to pay the fine after you are released from prison. If you are subject to supervision upon release, your supervising officer should be able to establish a payment schedule for you, based on what you can afford. You should not ignore the fine, because wilful failure to pay a fine, in many jurisdictions, can result in additional punishment. In Kansas, where you are from, some crimes require the judge to impose a mandatory minimum fine, regardless of your financial ability to pay. In such cases, the judge will only consider your ability to pay if he or she is considering imposing a fine greater than the minimum amount required. On the other hand, if the crime you were convicted of does not mandate a minimum fine -- meaning the fine is within the court's discretion -- or you were sentenced under a statute that provides for either a fine or community service, the judge should have considered your ability to pay before imposing the fine. In addition to a fine, the Court may have imposed court costs and/or restitution to the victim of your crime at the time you were sentenced. In Kansas, courts may even require indigent defendants to pay some or all of the cost for their court-appointed attorney. I recommend you consult with an experienced Kansas criminal defense attorney who can review your sentencing order and advise you as to whether there are grounds to challenge or seek a modification of the fine or costs imposed. If a challenge or modification is unlikely to succeed, your attorney may be able to assist you in negotiating a payment plan that fits your budget. .Jeralyn Merritt, Member since 1998
Answered on Aug 10th, 2011 at 3:44 AM

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