Login | April 26, 2024
Municipal court fines and costs: An overview
ANN MARIE O’BRIEN
Akron Municipal Court Judge
Published: July 15, 2019
Court practices to enforce appropriately assessed fines, costs, and other financial sanctions are an important part of enforcing the consequences of misconduct.
Persons often have questions about what “fines and costs” actually mean, so it seemed the appropriate time for me to provide an overview of the court costs and fines system in Ohio municipal courts for the public’s knowledge and understanding.
In assessing fines, costs or other financial sanctions arising out of a criminal or traffic case, courts must ensure that they are reasonable and take into account a defendant’s ability to pay. Fines and costs are separate and distinct.
Fines imposed serve as a criminal sanction, while costs remain a civil obligation.
Fines are a financial sanction and criminal penalty.
Financial sanctions may include restitution, fines, reimbursement for assigned counsel, incarceration, and other fees.
Unless a mandatory fine is attached to the offense, fines remain a discretionary financial sanction.
Courts must consider the person’s ability to pay when assessing and collecting fines. A person may be jailed for a willful refusal to pay a fine that he or she has the ability to pay. A court may order the person to perform community service in lieu of fines and/or costs.
Court costs and fees are civil, not criminal, obligations and may be collected only by the methods provided for the collection of civil judgments.
Courts impose court costs at time of sentencing, and payment plans or alternatively, community service may be requested by the person.
A court may not order a person to appear or issue a warrant for unpaid court costs.
When both fines and court costs are owed, the court segregates the amounts, if jail time is imposed for willful refusal to pay fines, if the person is able. Incarceration for nonpayment is generally only used as a last resort and after compliance with all statutory and procedural safeguards.
The court retains jurisdiction to waive, suspend, or modify the payment of the costs of prosecution at the time of sentencing or at any time thereafter. Contempt may be imposed if a defendant fails to appear for a court-ordered hearing, including a hearing for non-payment of fines.
A contempt charge is a fourth degree misdemeanor and may carry a potential penalty of up to 30days in jail and a $250 fine.