People unable to pay fines upfront are routinely placed on “pay-only” probation, incurring additional supervision fees and prolonged surveillance.
In Georgia, nearly all traffic offenses are classified as misdemeanors, unlike most states that treat them as civil offenses. This study examines how Georgia’s practice of classifying almost all traffic violations as misdemeanors expands the reach of the criminal legal system through fines, fees, and probation. Using 120 hours of court observation across six jurisdictions and 60 interviews with system actors and impacted individuals, the authors investigate how “pay-only” probation—probation imposed solely to manage repayment of legal financial obligations (LFOs)—functions as a net-widening tool that increases state supervision and financial burdens. The researchers find that misdemeanor traffic courts in Georgia routinely impose probation when defendants cannot pay fines immediately. Court proceedings are often fast-paced, with little assessment of defendants’ ability to pay. Judges frequently ask only whether individuals can “pay today,” creating divergent outcomes: those able to pay avoid extended court involvement, while those unable to pay are placed under probationary supervision. The authors conclude that Georgia’s system of criminalizing traffic offenses and managing payment through probation entrenches inequality and perpetuates cycles of debt, and make recommendations for reform.
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Key Findings:
- Legal financial obligations owed by interviewees ranged from about $500 to $10,000.
- Individuals on pay-only probation who are unable to pay their legal financial obligations within 90 days are converted to regular probation.
- When a person charged with a misdemeanor traffic offense misses their court hearing, an additional “failure to appear” fee is imposed on top of their original fine.
- Pay-only probation is managed by private probation companies in Georgia.
- Probation practices and costs, determined by private probation companies, vary significantly across jurisdictions, producing inconsistent and unequal financial burdens.
- While some judges were found to have offered grace periods or community service alternatives, others imposed high fines and automatic probation regardless of circumstances.
Recommendations:
- Georgia should decriminalize minor traffic offenses.
- Courts should conduct ability-to-pay assessments before sentencing.
- LFO practices should be standardized across the state.
- End the current pay-only probation system.