Missed a Court Date for a Fine? Your Options

“The court may not issue a capias pro fine for the defendant's failure to satisfy the judgment according to the terms of the judgment unless the court holds a hearing to determine whether the judgment imposes an undue hardship on the defendant and the defendant fails to: (1) appear at the hearing; or (2) comply with an order issued under Subsection (f) as a result of the hearing.”

“the justice or judge shall order the defendant to comply with the judgment not later than the 30th day after the date that determination is made”

“a justice or judge may order the defendant confined in jail only if the justice or judge holds a hearing and makes a written determination that:  the defendant is not indigent and has failed to make a good faith effort to discharge the fine or costs; or  the defendant is indigent and has failed to make a good faith effort to discharge the fine or costs by performing community service when performance of such service would not have imposed an undue hardship on the defendant.”

“the court must recall a capias pro fine if, before the capias pro fine is executed, the defendant:  notifies the court that the defendant is having a difficult time paying the fine and costs;4 or  voluntarily appears and makes a good faith effort to resolve the amount owed.”

“A defendant may request an ability-to-pay determination at adjudication, or while the judgment remains unpaid, including when a case is delinquent or has been referred to a comprehensive collection program.”

“In determining the defendant's ability to pay, the court should take into account factors including: (1) receipt of public benefits under Supplemental Security Income (SSI), State Supplementary Payment (SSP), California Work Opportunity and Responsibility to Kids (CalWORKS), Federal Tribal Temporary Assistance for Needy Families (Tribal TANF), Supplemental Nutrition Assistance Program, California Food Assistance Program, County Relief, General Relief (GR), General Assistance (GA), Cash Assistance Program for Aged, Blind, and Disabled Legal Immigrants (CAPI), In Home Supportive Services (IHSS), or Medi-Cal; and (2) a monthly income of 125 percent or less of the current poverty guidelines, updated periodically in the Federal Register by the U.S. Department of Health and Human Services under 42 U.S.C. § 9902(2).”

“the court may impose a civil assessment of up to one hundred dollars ($100) against a defendant who fails, after notice and without good cause, to appear in court for a proceeding authorized by law or who fails to pay all or any portion of a fine ordered by the court or to pay an installment of bail as agreed”

“If the defendant appears within the time specified in the notice and shows good cause for the failure to appear or for the failure to pay a fine or installment of bail, the court shall vacate the assessment.”