Where do the fines from criminal lawsuits go to? Does the district attorney have access to them later?

Question

Is it true that nowadays courts are more willing to issue fines than giving out sentences because prison terms deplete the city's resources and fines augment them? Is it also true that judges want suspects to plead guilty to avoid the expense of trials?

Answer 1

Of course, each state gets to pass laws determining how they will spend money forfeited through criminal court. The money is always used for a public purpose, and is generally deposited into the state's general fund. Often, a portion of the money is paid to the county or town where the case originated, to use as they please, and often in special cases there are statutory provisions which require a certain portion of money to go to special purposes, for example: at least 50% of the moeny from fines from domestic violence cases may go to domestic violence prevention programs, or fines for environmental crimes may go to the state conservation trust, or fines for traffic cases may go to the head injury treatment fund, etc.

Judges and magistrates generally do like to see cases pled out, but this isn't because of concern over money, it is due to the limited time a court has, and if a case can be pled out, and the defendent is willing to tender a plea, they would rather see that happen than allow other people to have to wait longer than necessary for a trial.

In most states, due to the separation of powers, courts are allowed to set and administer their own operating budgets, and so there is usually no concern over money. This is evidenced by the fact that with defendants who may not be able to pay, judges generally give fines which are far below the statutory maximum for the crime. They realize that $100 to one person may be like $1,000 to another person.

As far as jail, most of the judges that I've seen have no hesitation about sending a person to jail if they think it is necessary. However, if jail can be avoided, judges will try to do so for two reasons: (1) Due to the severe lack of space in the jails, they know that sentencing one person to jail may mean that the person they sentenced last week may have to be released to make room, and (2) because jail does a very poor job of correcting bad behavior. Many times jail will make a person a worse criminal, since going to jail--even for 60 days--means losng their job, their car, their apartment, and everything else in their life, and after they get out they are now *really* desperate. If a person can be left in the community and allowed to pay a fine, often this means less chance of a repeat offense.

Also, you should know that historically, when a court sentenced a person to jail time, people with money would almost always be able to avoid going to jail (but not prison) by paying the fine. It was only people who couldn't afford the fine that got sent to jail to work off their debt to society.

Answer 2

I read somewhere that here in the State of Virginia it goes to pay school teachers retirement.  Yes they want that money it is true, you don't even have to be guilty, but they want that money, it is pathetic.

It isn't about justice, its about money.