4.420 — FAILURE TO PAY A FINE

Violations of "Statute 4.420" results in a Class C Misdemeanor


(a) Definitions

Failure to pay a fine refers to the willful failure of an individual to pay a court-ordered fine within the time frame specified, without a valid legal excuse or reasonable cause for non-payment.

(b) Elements

To establish the offense of failure to pay a fine, the prosecution must prove beyond a reasonable doubt the following elements:

  1. The defendant was ordered by a court to pay a fine as part of a criminal sentence, civil judgment, or other legal requirement.

  2. The defendant willfully failed to pay the fine within the specified time period, without a valid excuse or cause.

  3. The defendant had knowledge of the obligation to pay the fine and the due date for payment.

(c) Defenses

Defenses against a charge of failure to pay a fine may include:

  • The defendant was unable to pay due to financial hardship or other compelling reasons, and no alternative payment arrangements were made.

  • The defendant was unaware of the payment due date or had an extension or alternative payment schedule approved by the court.

  • The defendant has a valid reason for non-payment, such as an error or misunderstanding that was promptly addressed.

(d) Aggravating Factors

The court may consider the following aggravating factors when determining the severity of the offense:

  • The defendant has a prior history of failing to comply with court orders, including fines or other financial obligations.

  • The failure to pay the fine has caused significant delays or complications in the administration of justice, including delayed sentencing or probation violations.

  • The defendant has the financial means to pay but willfully refuses to do so.

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