Is a Sentence is to Pay a Fine or Go to Jail Legal if the Defendant is Indigent

**laviroi** · 06-27-2012, 05:23 AM

My question involves criminal law for the state of: new york and more...
i want to know, what happen if in criminal trail, the court imposed the accused imprisonment and also pay a fine or time (imprisonment) instead. is there any way, that the accused will not do the time (instead of the fine), if he's bankrupt person, and can't pay it no matter what?

**Mr. Knowitall** · 06-27-2012, 05:43 AM

You can ask the court to impose a sentence of incarceration, but the court is free to decide that you need to be on probation and that a term of your probation should be a very active job search to obtain, and then maintain, employment. The court may decide that unless and until you obtain a job you can do a lot of community service. You don't get to tie the court's hands.

**laviroi** · 06-27-2012, 06:07 AM

is there any way that i won't do the time (instead of the fine) because of my economic status?

by the way, are you a lawyer and if so, may i consult with you (for legal study)?

**Mr. Knowitall** · 06-27-2012, 06:35 AM

I see what yo mean now. I was looking at your original post title which asked how you could force court to send you to jail so you wouldn't have to pay fines.

The Supreme Court held quite a few decades back that it is not constitutional to subject a defendant to imprisonment solely because of his indigency and resultant inability to pay a fine. See Tate v. Short, 401 U.S. 395, 91 S.Ct. 668, 28 L.Ed.2d 130 (1971).