Are Court Fees Mandatory In Criminal Cases?

Bail Bond Cowboys wants the public to have answers to the myriad of questions that surround the criminal justice system and your constitutional rights. We bring those answers to you in the form of video interviews by Attorneys.Media of legal experts in your area and across the country.

Andrew Dósa – Criminal Defense Attorney – Alameda County, CA

“In every criminal case, there are court fees…there are, sometimes, the cost of probation. That’s an expense that simply is borne. I guess that’s technically a form of restitution. But, whatever the court system will impose in terms of costs, the court security fee for example, those have to be paid or probation can be revoked. If the person can afford it.”

Ray Hrdlicka – Host – Attorneys.Media

“So when you say ‘court fees’, what could that include? Because could it include Judge’s salaries, yes? The DA’s salary? The investigators, the cops? I mean, what is included in that?”

Andrew Dósa – Criminal Defense Attorney – Alameda County, CA

“The salaries of all the employees included in the system are not included. But there are things like court security fees. I think it’s a way for the legislature to squeeze some pennies out of defendants for the cost that the state has borne by imposing its criminal system onto us.

In fact, in the civil realm, you have essentially the same thing. That’s why filing fees are now $435 to file a complaint against somebody unless it’s a small claims complaint. So those fees are now being borne by people who are participating in the system.

Of course, defendants are involuntarily there, but once they’re in the clutches of the system, then the system then exacts its retribution, and that will include some of the fines that are there. Typically, fines are between $200 and $400. That’s are very broad and simplistic way of saying that’s the minimum. There’s a $30 fee, there’s a $40 fee, then there’s another $50 fee, and then a $80 fee. Sometimes there’s a fee that might be included but doesn’t get imposed if the person completes probation properly.

But restitution as an alternative…..so let’s back up. My other point was those fines are required. Just like if a person is required to spend three months in jail, failing to surrender to jail when you have to…is a violation of your probation. Failing to pay those fines is a violation of probation.”