This case challenged the City of El Paso’s payment policy for Class C misdemeanors – usually parking tickets.
This case challenged the constitutionality of a $3 surcharge imposed on litigants in municipal court for the sheriff’s retirement fund. The trial court dismissed for lack of standing. The appellants claimed to have standing as taxpayers, administrators, and as one who paid the surcharge.
The question before the U.S. Supreme Court was whether the State is required to return court fines and fees paid upon conviction when the conviction is reversed on appeal. Both Petitioners’ convictions were reversed on appeal, and they sought a refund of the fines and fees they paid.
After being convicted of traffic violations, the four complainants were sentenced to pay for and attend English classes and charged high fees for interpreter services in addition to court fines …
This Note makes the case for considering state constitutional and statutory prohibitions on debtors’ prisons alongside Bearden v. Georgia claims in legal advocacy opposing excessive fines and fees.
The complaint alleged, among other things, that the City’s conduct related to the imposition and enforcement of fines and fees for traffic and other municipal code violations was unconstitutional.
Amarillo residents were jailed through the City’s “pay or lay” policy. It stated, “…except as otherwise provided, the Court shall require the defendant to remain in custody… until the fine, State imposed fees and other penalties are paid."
Hakes could not afford to make any payments. Probation was revoked because he was unable to pay. Hakes filed a complaint stating payment for the bracelet is punitive and does not promote public safety.
This report provides granular data on the imposition and payment of fines and fees in Alabama. The authors gathered and analyzed 200,000 court records over the last two decades to provide a comprehensive picture of the assessments of fines and fees across the state.
The article provides an overview of criminal justice fines and fees; applies the Sixth Amendment jury trial right to these fines and fees; considers the question of “when criminal justice debt rises to the level of punishment; and suggests several solutions to the problem.