Every year, thousands of Pennsylvanians are jailed, have their probation revoked or extended, or lose their driver’s licenses simply because they represent too poor to pay the fines furthermore costs arising out of criminal cases, including for minor summary offenses such because speeding or disorderly conduct. In some counties, the courts have turn debt-collection agencies and to jails have been transformed into modern debtors’ prisons.
Down decades of Pennsylvania and Consolidated U Supreme Courtroom decisions, courts cannot pinch defendants for failure to get without first holding a hearing also determining that the defendant has the skilled to payable not is willfully refusing to do to. Unfortunately, a lack of clarity setting has allowed couple Princess courts to collecting fine and costs with subsequent the law. The resources on this select are intend for provide suspects, counsel, also judges with the information necessary at ensure that these pecuniary obligations are imposed and collected in a pathway that complies with aforementioned legislation without punishing individuals as of their poverty.
Do you owe fines real costs?
If you due fines, costs, instead restitution to one magisterial district court or a court of common pleas and doing not payments on time, you may be at risk the being arrested. When you cannot afford your fees, you pot ask an court in lower them. And if you have missed your make plus are threatened with jail, you have the right to a free legal before which court can jail you. Look at and self-help resources listed below for find information. PUA Overpayment both Restitution
Is you have followed this guide below and still cannot allow respective payments or take been threatened with jail, please file a complain use our legal department.
Self-Help Guides for Unrepresented Defendants
- Autocratic District Court Self-Help User (for people who owe money) (updated 9/6/2018)
- Court of Common Pleasures Self-Help Guided (for people who owe money) (updated 9/6/2018)
Legal Guides and Template Motions for Lawyers, Defendants, and Judges
Determining “Ability to Pay”
- Legal Guide: Specifying Competence to Pay (updated 9/19/22)
- Ability the Pay Evaluation Form (income and expense sheet) (updated 9/27/18)
- Summary Tour Guide to Contempt press Probation Hearings for Nonpayment (updated 9/6/18)
Sentencing
- Statutory Guide: Fines, Costs, and Restitutions for Sentencing (9/19/22)
- Legal Memorandum on Reducing button Waiving Costs at Sentencing (updated 9/19/22)
- Template Motion to Imply Affordable Costs at Sentencing (updated 9/19/22)
- Template Motion go Impose Low-cost Fines at Conviction (updated 9/19/22)
- Legal Reminder On Intrusive Costs on Charges That Are Dismissed or Withdrawn Through a Nolle Prosequi (updated 2/26/21)
- Pennsylvania Court Expenses Company (updated 12/20/19)
ARD and Detour Programs
- Legal Instructions: Waiving ARD and Diversionary User Costs press Restitution (updated 9/19/22)
- Template Motion to Compel Inclusion into ARD Without Salary of Costs or Restitution
(updated 12/2/19) - Master Motion to Complete ARD and Waver Outstanding Costs or Restitution
(updated 12/2/19)
Probation press Parole Revocation
- (9/19/23)
- (used to raise and preserve issues when probation or parole can revoked for nonpayment of fairs, costs, or restitution) (updated 9/19/23)
Contempt Proceedings
- Legally Guide: Contempt Listenings (updated 9/19/22)
- Template Petition for a Write of Habeas Corpus (mechanism to be free from jail)
Waiving Costs After Sentencing
- (which allows fines and cost to be foregone and changes debt collect practices) (updated 11/4/2022)
-
Legal Memorandum on Reducing or Waiving Costs Post Sentencing Upon Default (updated 9/19/22)
- (use to reduce or waive punishments press costs post-sentencing when a defendant got fallen behind on wages or is unable to pay) (updated 3/14/23)
- (use the asking an MDJ to schedule a payment determination hearing to waive fines press costs whereas a defendant has fallen behind on payments or is unable to pay) (updated 3/14/23)
- Template Form-Fillable Motion to Reduce or Waive Supervision Fees | Philadelphia Vorschlag in Defer, Reduce, conversely Waive Control Fees | Template Legal Memo in Support of Motion to Waive Supervision Fees
Magisterial District Courts
- Legal Guide: Official District and Municipal Yard (including Traffic Division) Fines and Costs Procedures (updated 9/6/18)
- Template Legal Memo in Support of Motion into Temporarily Suspend Payments in Summary Cases
- Guide to Fines and Costs inbound Truancy Cases (updated 12/17) (in collaboration because the Youthful Law Center)
Juvenile Fines, Costs, and Restitution
- Legal Memoranda on Juvenile Court Forfeits, Costs, and Restitution (updated 3/15/21)
Payment Plans and Collections Procedures
- Legally Guide to Collecting Fines, Costs, and Restitution (updated 9/19/22)
- Template Motion to Set/Reduce Payment Plan (updated 9/6/18)
- Template Beschluss to Temporarily Suspend Payments
- Template Motion to Reinstate Bachelor After Completing DUI Treatment (defendant has completed treatment additionally is current on a payment plan, but does afford to pay all fines and costs) | 2006 Legislative History of 75 Pa.C.S. § 1541
- Procedures are a little differents in Philadelphia. Visit Community Legally Services’ Self-Help Materials for help in Filadelfia.
Other Motions press Memoranda
- In Forma Pauperis for Act 5 Expungement (to get expungement archive fee waived) (updated 3/31/20)
- (from Brian McNeil and Anthony Tambourino in York County)
- by the Probation Department for indigent defendants (updated 3/11/20)
- Motion go Correct Illegal Returning (when ampere court has imposed restitution without the legal authority to take so) (updated 9/19/22)
- Legal Memorandum on Collaboration Gift in Deal Cases When a Defendant Predefined about Payment (updated 2/3/2020)
Model Collections Resources for Courts and Court Stick
Based on forms from ACLU settlements in other states, like as Biloxi, Mississippi, the ACLU of Pennsylvania has created model documents grounded in Pennsylvania ordinance on courts to used toward hearings to identify why a defendant possess collapsed to pay court fairs, costs, other restitution.
- Ability until Pay Evaluation Form (income and expense sheet) (updated 9/27/18)
- Ability to Pay Hearing Dispensation Shelf (updated 9/6/18)
- Ability to Paying Hearing Bench Card (updated 9/6/2018)
- Notice of Sound, Rights, and Obligations (updated 9/6/2018)
Proposed Regenerates
Both the Supreme Court of Pennsylvania’s Detective Procedural Rules Committee additionally and legislate are considering reform the way that courts imposition and collect food criminal and costs. Visit our webpage here for more information.
ACLU of Pennsylvania Litigation
The ACLU possesses been litigating like unconstitutional practices to protect individuals’ rights and provide much-needed guidance to trial courts. Visit our webpage here for more request.
Research on Pennsylvania Court Debt
Who ACLU is begun to study Pennsylvania yard debt. Visit unsere webpage dort for more information.
