Or rather, will I go to jail if I don’t have the money?
The state of Maine considers being 90 days past your registration date for a vehicle to be a Criminal Offense. I ran my butt all over town to get registered and then get my vehicle out of impound, and now I have to go to criminal court.
I’m told it can be several 100 dollars, which mine will be because it’s way out of date. If I can’t pay–and I truly, verifiably can’t–do they send me to jail? What else could they do?
Non-GQ answer, not a lawyer, etc, etc. Just an anecdote.
A few years ago, I was cited for an ordinance violation (having crap in my carport). While I was able to pay the fine, several people in court that day stated that they couldn’t. The judge assured them that they could get on a payment plan.
I don’t think they’re actually interested in jailing you. Money later is better than spend money on incarceration, plus no money ever.
I am not a lawyer and this is not legal advice. It is my opinion based on experience.
At your first appearance in court you will be advised of any and all charges against you and your right to legal council. I assume you were not arrested, but are appearing on a summons into court. The judge will ask you if you’re planning on legal representation and if you’re ready to proceed. The judge may also ask for a plea at this point.
At this point, respectfully ask the court to speak with the prosecuting attorney. This is NOT your attorney, but the attorney who represents the State. The Prosecuting attorney may have several people wanting to speak to him so you may have to wait a bit.
When you speak to the prosecutor ask them if there is anything that can be worked out with the case. This may be a reduction in the charge(s), combining of charges or dismissal of the charges. If you don’t like the plea arrangement you can walk out and proceed with the case in court, but it rarely hurts to ask for the best deal.
After you reached your best deal clearly explain your financial status and ask to work out payments to the court. Make sure the financial arrangements are clear and that you can fulfill them. This is not a payment arrangement that you miss. A missed payment usually results in a Failure to Comply warrant for your arrest and many additional costs. If you make a payment plan make certain you can and will follow through to completion.
The courts really don’t want to throw you in jail for not being able to pay your fines. It is in theirs and your best interest to work something out and then follow through to the end.
You won’t get a good answer here unless there happens to be a Maine lawyer on the board. I don’t remember anyone claiming to be. Otherwise you will get at least 49 different answers that don’t quite fit.
As another anecdote I can say that in New Jersey you can be put on a payment plan. It is not automatic. There is a form to fill out and it is up to the judge to approve based on economic need. There is also a formula that equates time served with fines. So yes here you can be jailed in lieu of your fine. I have no idea if that is the case in Maine.
In my state county sheriffs can charge room and board for people to go to jail (I am not sure of the exact regulations about this).
In most jurisdictions you can opt to do community service as an alternative to paying a fine.
That is a completely different issue.
In general it is up to the judge to impose alternate punishments as allowed by local law. It is not necessarily up to the defendant to pick and chose his punishment.
These are great responses. They give me an idea of what might or might not go down in my court. That’s what I wanted really–was just to get an idea of what all people have run into. I am not playing the whole thing out in my mind until I see what is suggested/offered/mandated.