All resources Waiving Existing Court Fines/Fees
- Criminalization
- Letter
Court fines are financial punishments assessed by a judge upon conviction, and court fees are charges that defendants must pay to recoup justice system costs. For people who have the ability to pay, these charges may be a minor inconvenience; however, for those who don’t have the means, they can represent significant burdens that trigger more serious consequences such as exacerbating economic inequality, prolonged involvement with the criminal justice system, driver’s license suspension, voting restrictions, and damaged credit. Furthermore, people with legal debt are more likely to have other types of debt as well, particularly medical debt. Black and Hispanic adults, people with less income, and people with less education have been shown to be disproportionately affected by legal expenses.
This letter can be used to advocate for your patient who has outstanding court fines or fees yet is unable to pay them without risk to physical or mental health. For court fines or fees that have already been imposed, patients are typically ordered to make monthly payments according to a pre-specified payment plan. When patients attend court to develop this payment plan, they often do not have an attorney with them, nor is a public defender assigned to the case. This is why the letter must be submitted by the patient directly to the judge.
Please describe any improvements the patient has made to their overall health or life. This is your opportunity to describe your patient’s strengths. For example:
- “(Patient name) has recently done a remarkable job of “adhering to appointments and medications, exercising, and eating healthier.”
- “(Patient name) has recently done a remarkable job of “taking medications, caring for family members, and remaining in recovery from substance use.”
- “It is my understanding that (Patient name) has limited financial resources…”
- “(Patient name) is looking for work but has not been able to secure employment”
- “(Patient name) does not have the financial resources to afford stable housing.”
Documents
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Existing Court Fines Letter Template
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[For Lifespan Providers] Letter Template with Lifespan Letterhead
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Example Provider Letter
Next steps
The patient should take this letter to the Cost Review/Court Fines office in court. Rather than paying the cost, the patient should either drop the letter off with an administrator for delivery to the judge or ask to personally deliver the letter to the judge.
The goal is for the judge to waive or reduce the patient’s court costs/fees/assessments upon reading the letter. If the judge is not available, instruct the patient to schedule a court date and to then present the letter to the clerk on the day of court.
In our experience, these letters are most effective when:
- The letter is directly submitted to the judge in a one-on-one meeting or, if this is not possible,
- The letter is placed in the patient’s file for review by the judge during court.