I just was in Court for a ticket. The Judge was sentencing someone and after he finished with the fine he said that he was reducing it to a civil judgment. Does that mean that the guy got a discount? If I could get a reduction on my fine I’m all in!
Not exactly. All vehicle and traffic and criminal fines are made up of two parts, one part is the fine for the action that you have done, the other part is a ‘sur-charge’ added on by the State of New York. The sur-charge varies depending on the type of crime. With traffic tickets generally the fee is $93.00, but it can go up to $405 for a DWI conviction. Penal law (crimes) also have sur-charges, violations are $120, misdemeanor $200 and Felonies $325. And these can be per charge, not just one fee for all of the tickets/crimes that you are charged with.
Fines vary also, from $50 to several $1,000 depending on the charge. Each ticket or crime can carry their own fine. Fines are sometimes in lieu of going to jail, and sometimes they are in additional to jail time. That is certainly true of criminal charges. The Courts are obligated to collect these fees and surcharges. They generally make arrangements with the Defendant to pay the fines/sur-charges, and if the Defendant does not pay, the Court can remind them, or change their sentence (to something like time in jail). The Court can not close their books on that particular charge until all of the money is collected.
If you happen to have a Defendant who is charged with various activities in several courts, then the court may end up being in line to collect any money. Or if the Defendant is scheduled to go to State prison for a period of time, the Court may never collect the money. Instead of holding the charge open, they close it by changing the charge to a civil judgment.
Now these judgments are a little bit different than say a judgment against a person for non-payment of rent. These judgments can not be discharged in bankruptcy, really don’t have an end date of when then can be collected, and can mess up a Defendant’s ability to get early parole or release from prison. It’s simpler to pay the fines.
So that’s what you heard. Believe me the Defendant is not getting a reduction in the fines, or the surcharges. At some point the State expects to be paid, and they will do anything to get the funds, like take your car, bank accounts, real property, or wages.
As always this is a general answer, to a general question. You should always consult your attorney about the specific issues that surround your specific needs.
If you have a question for Attorney Kukuvka, please forward it to: Cynthia M. Kukuvka, Attorney at Law, 330 E. Main St, Palmyra, NY 14522 or e-mail to cklaw@verizon.net