Fees, Costs & Fines Checklist for Youth Defenders
Young people and their families are routinely assessed fees, fines, and other costs in delinquency matters. These financial assessments are often ordered without an ability-to-pay analysis by the court. A young person’s inability to pay can lead to long-lasting consequences, increased recidivism, and youth and their families having to choose between paying fees or buying necessities. This is especially true for Black, Latino/a, Native/Indigenous young people and youth from oppressed communities.
In some jurisdictions, unpaid legal financial obligations (LFOs) may prevent youth from pursuing expungement, and an order to pay can be enforced through contempt proceedings. Failure to pay might also lead to a violation of probation. After a young person turns 18, the juvenile court may continue to exercise jurisdiction over them until payments are satisfied, or an adult court may issue a civil judgement against the youth. Unpaid amounts can be placed in collections, resulting in mounting debt that hinders youth in adulthood. Failure to pay may also lead to an adult charge for contempt of court, driver license suspension, and wage and tax rebate garnishment for the youth and, in some states, for their parent.