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:
The defendant was ordered by a court to pay a fine as part of a criminal sentence, civil judgment, or other legal requirement.
The defendant willfully failed to pay the fine within the specified time period, without a valid excuse or cause.
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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