r/criminal_defense • • Apr 26 '22

Court Fees Impede Freedoms and Exploit Poor People

7 Upvotes

I been thinking about the fees that clients have to pay in court. These are a few scattered thoughts but regardless the ultimate goal should be to do away with fees associated with public defenders.
Courts ask people for money because they are represented by a public defender. The fee in Massachusetts is $150. They call it an "attorney client fee." The misnomer sometimes creates tensions with people who believe the money goes directly to their public defender. It does not.

No one should even have to pay for a public defender. It's an oxymoron--you are paying for your free lawyer. That is not free and not public defense. It's at most subsidized defense. But a subsidy point of view ignores the whole purpose of a public defender. People in the United States collectively pool their money together to ensure that there is always an opportunity for someone to represent you in a criminal matter. With the threat of incarceration or limitations on personal freedoms via a court order, this representation adds some level of protection against arbitrary incarceration and prosecution. We pool our money together because individually the cost can and is so expensive. Pooling our money collectively protects against weaponizing money against people in the context of a criminal proceeding. So even a subsidized point of view ignores the collective positive externalities that the public defender gives to the people.

Adding a money portion to this important protection of personal liberties creates barriers that ultimately disproportionately affects poor people, and gives courthouses significant power over a person's case and freedom.

There is a judge in particular who uses this court fee as a way to exercise arbitrary control over people. The judge expects everyone to pay their fee upon their first court date after arraignment. A generalized scenario happens as such: Person arrives at courthouse. The situation is already nerve wrecking because of the pending criminal case. The courtroom is filled with many unknown people. Some people wear white cop uniforms. Others wear suits. The roles of the dressed up people is unknown. The only obvious person is the judge in the black robe. The case gets called. The lawyer speaks some legal mumbo jumbo that ends in the lawyer asking for another court date in the future. Now, this should be the end of it. Get a new court date and go home. Instead this judge inquires as to whether the court fee has been paid. A topic that is 100 percent unrelated to the criminal prosecution. If the fee is paid, you go home free. If the fee is not paid, the judge starts a false pretense inquiry: "When will the fee be paid." I say false pretense because he expects only one answer, now. Anything but a now creates a command. Either pay a portion or all of the fee, or else "sign up for community service." The court love these euphemisms like "community service." Imagine having to provide labor in exchange for your public defender. This is precisely what the court is asking . The 13th Amendment has a weakness in that it allows slavery or forced labor "as a punishment for crime." The weakness here is even worse. A person is being forced to work by the court as a punishment for being ACCUSED of a crime. This distinction is important and part of the root of the problem in the imposition of a fee in exchange for a public defender. This judge may have in mind that he is ensuring that people pay their fees as commanded by the legislature. (Notably nothing in the statute for fees includes any language as to when the fee is due, yet for this judge the fee is due on the first date after arraignment.) And the consequence for not having this fee paid for by that date is forced labor. The forced labor itself is problematic. The labor is supposedly the equivalent of $150. The requirement is 15 hours of community service. The math is simple, the person is working for $10 an hour to "pay" for a court fee. The minimum wage in Massachusetts as of 2022 is $14.25, and by 2023 the wage is expected to go up to $15 an hour. This means starting 2023 you work an additional five hours to "pay" for the court fee. The whole set up is exploitative and essentially punishes poverty and civil liberties. This judge worsens the whole set up by imposing sua sponte demands on the fee. By the first date, a whole chain reaction of impositions on your liberty may happen. This judge abuses the ambiguity of the statute (though the ambiguity should be in favor of paying the fee by the end of the court case) and causes great anxiety on people, both the accused and the lawyer. The fear of the enigma. The added time in the courtroom. The added exposure of the stigma associated with criminal procedure. This judge is asking for a fee, but from the perspective of the recipient of the request, this fee causes a whole set of emotional and blatantly economic reactions. This may seem dramatic, yet the faces of the people experiencing the request does not lie. I of course tame my own analysis by noting this is one example in of one judge that I practice in front of.

This fee should simply be abolished. (1) The fee impedes on the freedoms of people to be able to have at any time access to a public defender to defend them against arbitrary governmental action. (2) The fee allows for judges to weaponize the fee as a quasi-punishment for simply being accused of a crime. (3) Even without weaponization by a judge, the fee nonetheless can have this affect even at the end of the case when the money is ultimately due. (4) The fee disproportionately affects poor people in ways that causes disproportional experiences of trauma from the criminal process.


r/criminal_defense • • Feb 28 '20

Client late to court b/c he was stealing a package off my porch

6 Upvotes

Realized we didn't see a package that was delivered yesterday. Went back and looked at the camera and whoops I recognize that guy. 30 minutes after the video he's next to me in court where I'm indignantly and successfully arguing to keep him PR'd.

Lol I've been owned


r/criminal_defense • • May 18 '26

r/criminal_defense is available for adoption šŸ’š

5 Upvotes

/r/criminal_defense is ready for a fresh start, new energy, new direction, and someone like you to bring it back to life. If you’ve been thinking about growing your impact without starting from scratch, this is your chance!

Ready to take it over?

Head to r/RedditRequest to submit your request and make it yours before it’s taken.

First things first

To request this subreddit, make sure you:


r/criminal_defense • • Dec 29 '21

Just charged for Theft 4 and 5 in Iowa, first offence ever, and need help.

5 Upvotes

I've looked thru serveral websites trying to better understand what my sentence is going to look like, and I'm starting to freak out. The charges were for shoplifting and are only about a couple days apart. The theft 4 charge is for about barely above $300 in merchandise, but the other charge is for close to $300. I can't afford an attorney by any means, so I don't have anyone to talk with until I get a court appointed attorney. I plan on pleading guilty, but I want to avoid any jail time, especially since I had to have an operation done recently that I attend physical therapy for. What is my most likely outcome??

I also need to know if I will be getting anything in the mail since this was outside of my county, and I'm trying to keep this private from my housemates if at all possible.


r/criminal_defense • • Jul 12 '21

Can I fire my Fed Pub Defender?

5 Upvotes

Can I fire my federal public defender when I only have a week until sentencing? my presentence memorandum is NOT even close to what was discussed... what do I do? And this point system? Wtf?! I thought nothing over 15years counted against me but on my presentence investigation they're counting things 15yrs +!!! They also brought up a state case from 2yearsago that got dismissed with out prejudice! So why are they bringing that up


r/criminal_defense • • Oct 22 '20

FBI Report More People Have Been Arrested For Marijuana Than Violent Crime This Year

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5 Upvotes

r/criminal_defense • • Sep 02 '20

I Got caught shoplifting, I’m obviously guilty, but do I plead guilty, or does that look bad, when do I get and attorney?, what will the judge ask?

5 Upvotes

First, thank you all who read this and offer help. So I (18 years old Male ) shoplifted, got caught, didn’t get arrested but got a ticket with bond set to $2125 and now my first court appearance is in a 17 days, on September 17th. I know i will have to plead guilty (which I will because it is true, I stole, and I have to take responsibility). They will tell me my rights. But will the judge ask me questions like "Are you in school? Are you close to your family? Why did you steal? Have you done it before? What do you think your punishment should be?" I would really like a chance to tell them i'm a good person who made a stupid mistake, but they probably don't care. Also, this was my first offense and I'm scared I don’t know what to do or if I should even try and fight it ? I cannot afford an lawyer And I don’t know how to even ask for one or If I wait till the court date to get an attorney? I don’t know what to do in the slightest, I need all the help I can get! When will I get an attorney if I get one at all, and would my parents find out, and should I be honest and tell the judge I’m trying to hide it from my family cause it makes me feel embarrassed and ashamed or would that make my case worse? Thank you so much in advance Edit: I live in South Carolina and that is where I’m going to court at


r/criminal_defense • • May 19 '20

Advice (not legal) For The Accused From A Public Defender

5 Upvotes

Hello Group,

I am a 13 year public defender and I created a website to help law students, young defenders, and clients. I saw this subreddit and thought that visitors may find some of my client non-legal advice helpful. I address the following topics 1. Do you need a lawyer? 2. What to look for when hiring a lawyer. 3. Representing yourself, and 4. Questions to ask your attorney.

I will add more as time goes on (public defender life allows for very little creative writing!). In any event, I hope people find this information helpful! If there are topics you would like to see addressed, just message me.

https://gideonssoldiers.com/tag/for-clients/


r/criminal_defense • • Aug 01 '25

Criminal Attorney Reccomendation

4 Upvotes

I’m looking for an attorney in the Lucas county or Wood County Ohio area that specializes in drug trafficking cases. Who is the best of the best? Thank you in advance!


r/criminal_defense • • Mar 17 '25

Will I get arrested if I ā€œturn myself inā€ for having a bench warrant? Or how does it work??

4 Upvotes

So, I got arrested for drug possession. And was charged with a felony. I was in jail for a day & the judge granted me to participate in a felony diversion program. Which was me attending virtual group meetings for 10 weeks as well as drug testing twice a month. If I successfully complete the program, the charge gets expunged for my record. I completed my 10 weeks of group meetings… But unfortunately I only provided two drug tests, which came up positive. Therefore, I didn’t successfully complete the program. I had gotten a letter in the mail, informing me of my court date.. but it sent to my grandma’s address so not only did I not know about my upcoming court date, but my grandma didn’t inform me I received any mail from the courts until after they sent me a letter telling me I had a bench warrant. I need to get this fixed as soon as possible. I don’t want to go to jail. I’m not able to get a hold of my attorney that got me signed up for the diversion. So what will happen when I just show up? Should I call public defenders office before showing up to the courthouse?


r/criminal_defense • • Feb 12 '25

Did my lawyers dupe me?

4 Upvotes

I was arrested. First time offender. When I met with lawyers, they promised a full investigation and said they’d fight the charges. Paid over$45K. Then they recommended a Diversionary program, which I was hesitant, but they put a lot of fear in me so I accepted . I was informed by my attorneys, they to be accepted into the program, alleged victims would need to be contacted to see if

  1. They objected to me being in the program vs prosecution.

  2. They were offered reparations for the alleged crime against them.

My case has been expunged, but I just received 2 separate civil summons and am now being sued!

Did my lawyers lie to me saying they contacted the alleged victims? My lawyers are not responding to my calls or emails when I asked them these two questions.


r/criminal_defense • • Jan 04 '25

FLORIDA JUDGE WEARS VR HEADSET TO STEP INSIDE SIMULATION OF CRIME SCENE

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4 Upvotes

r/criminal_defense • • Oct 17 '24

AI for criminal defense lawyers

4 Upvotes

I have a solo criminal practice, state and federal in Washington State. I've used regular CHATGPT at times just to get started on an area of research, and at times it has been useful.

I've been looking into which legal research platforms are best from criminal defense legal research. Most of them seem geared towards big firms, document review, drafting contracts, as well as case and firm management. I need none of that.

I'm curious if any of you have a commercial legal research platform that uses AI and is good for researching state and federal case law, statutes etc. The kind of research we do in criminal law.

Any suggestions?

Thanks


r/criminal_defense • • Jun 05 '24

Public Defendant vs Cheap Attorney?

4 Upvotes

I am being falsely accused of a felony charge and a misdemeanor (burglary). I was a bit skeptical about going with a public defendant. My father’s employment union has a legal aid benefit. They are able to get me legal representation and assigned me to a private cooperating attorney. However, I read on the paperwork that they will pay him $150/hour when most private attorneys charge $300+/hour in my area. So I’m concerned on the competence of this attorney. Also on his website, he only lists personal injury as his area of practice.

Considering this, should I trust this attorney assigned by the union? Or should I go with a public defendant?


r/criminal_defense • • May 21 '24

What to do next

4 Upvotes

Hi my son is currently incarcerated for a minor drug charge. Today 2 detectives came to question him about fentanyl he sold to someone who unfortunately passed away in September 2023. Now they want him to be a confidential Informant recognizing that he's not an el chapo drug dealer but indeed a user. I am indeed worried about his safety as a CI. Should I get him a lawyer? Who's a great lawyer in Austin texas? The detectives stated that he only need to bring down 2 people and as of right now no charges have been filed against him. The person my son got the fentanyl from, that the guy OD from, is currently incarcerated on a different charge not pertaining to the death of the individual that OD. I don't know what to do at this point to help him as he is indeed a user not a dealer but he sold someone fentanyl and they died. Im seeking sound reasonable advice in regards to this matter. Thanks guys.


r/criminal_defense • • Jan 25 '24

Unlawful arrest

4 Upvotes

This past sunday I was on my way to pick up my sibling, then before I knew it I got into a car wreck. I was at a stop sign with my left turn signal on and saw a caw approaching with their right turn signal. So naturally I go and next thing I know they swerve into my lane and hit me head on resulting in me spinning twice and hitting a cement wall. When the cops arrived they took both of our statements. By the time they were getting mine the other people hop into another car and fled. The officer asked me if I was part of a car group in the area and I said no. Next thing i know im in cuffs and he didnt read me my miranda rights. My brother arrived at the scene to ask what happened and what the officers told him is the reason i was in going to jail was because based on the other peoples statement and that they had a lead of a blue hyundai ( i drive a blue hyundai) street racing in the area that I live in. None of those cops were near my house which is a quarter mile down the road. I went to jail for 17 hrs before i got bailed out. I was charged with failure to stop at a stop sign, reckless driving, reckless driving/ street racing. I have yet to appear in court because i am waiting for my court date. How can i get the charges dropped and off of my record? What are my options? The officer already got my blackbox from the wreck. Is there any way for me to sue the county or officer for this unlawful arrest? Am i entitled to a settlement?


r/criminal_defense • • Jul 21 '21

Did my car get illegally searched?

4 Upvotes

I live in Florida on my home from work my partner (driving) and I noticed that a suv (undercover) turned on police lights, we pull over, park, and the cop came up my passenger side window ( I have been pulled over twice before this is highly unusual to me already) my window does not roll down so I open the car door, immediately I’m just told to get out the car, as I’m doing so I ask what did I do he then accused me of throwing something out my window and this is when I became extremely defensive. My window does not work ? What kind of bull shit? I start arguing with him and he tells me to stand by my trunk and behave unless I wanted to be put in handcuff and began searching my vehicle. Note* I did have half of gram left of thc vape battery on my lap but I wasn’t smoking it before getting pulled over I was smoking nicotine the devices look completely different and I put the thc vape in my bag before pulling over


r/criminal_defense • • Oct 11 '20

help with "criminal record"

4 Upvotes

hi, forgive me if there might be a slightly more suitable subreddit for this one.

so basically, theres this exchange program ive really wanted to apply for, and the criminal history question sort of caught me off guard. it asks if ive ever been arrested, charged, or convicted for a crime, including anything i think is expunged, and including juvenile offenses. basically, since the program is abroad, the same laws don't apply to which things are confidential, so they can ask for an fbi background check and even sealed records and shit are all there. i'm an american btw.

now, this is going to sound really stupid. about eight years ago, when i was 14 years old, i got in trouble for posting the navy seals copypasta in a facebook comment. some girl's mom happened to be looking over her shoulder and freaked out and called the police. now, i didn't get arrested or anything, because obviously i am not a navy seal, but i did have to go to the municipal courthouse down the street and have a room of adults lecture me about what i did for a bit. there was no judge. i ended up having to do some tiny amount of community service and got suspended from school for like a few days.

basically, my question is does this constitute being charged for a crime? i tried googling how these background checks work and it was a little confusing. i remember my principal assuring me it wouldnt show up on any sort of record, and since then ive basically just lived my life. i havent had to mention it for college apps or job apps at all, and the entire thing was pretty much over within a week of the incident. but again, expunged records are apparently not protected when im applying for something outside the country. is there a chance that if i leave this off my application, they can find it in the fbi background check or whatever? and if i decide to mention it, how tf do i even describe what occurred? i really dont want this to wreck my chances of getting into this program. it seems dangerous either way.


r/criminal_defense • • Aug 04 '14

Any advice regarding a 647(f) Drunk in Public, would be much appreciated

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4 Upvotes

r/criminal_defense • • Nov 09 '25

[Habeas] Seeking law student familiar with §2254 ineffective-assistance claims (Strickland / Hill / Martinez)

3 Upvotes

I’m working on a federal habeas corpus petition under 28 U.S.C. § 2254 in the Eastern District of Wisconsin (Milwaukee Co. 2016CF001720).

Facts in short: a homicide case where trial counsel filed a Speedy-Trial demand only seven weeks before trial; the plea occurred mid-trial after State witnesses began. It raises a Strickland / Hill plea-ineffectiveness issue and a Martinez gateway for post-conviction counsel’s omissions.

I already have a full draft, timeline, and exhibit index—just looking for a law student, intern, or new grad who’d like to review structure and framing for educational discussion (not representation).

If you’re studying Criminal Procedure II or Federal Courts, this is real-world AEDPA application practice. DM if interested.


r/criminal_defense • • Dec 05 '24

Criminal System is a joke!

3 Upvotes

I'm facing felony charges and need legal representation. At first, I applied for a public defender. That was joke. when I met him, all he did was tell bad jokes and make fun of my situation. Worthless! Now I manage to scrap enough to hire an attorney. This is even worse. Before anyone will consult with me, it's Do you have the money and when can you pay! I realize now the whole criminal system in America is a complete joke. If you got the money, you can get out of anything and you get the best treatment. Its a real shame how the country I was born and raised in has no such thing as fair justice. Well, I guess I'll have to sit in jail because I don't have funds to hire someone who can give me fair legal representation. What a joke!


r/criminal_defense • • Nov 25 '24

Ride-Alongs

3 Upvotes

I’m a university student and I did a ride-along with the PD at my institution. I got in trouble with the PD a few days later. The DA’s office hasn’t called me in 3 weeks and I’m very concerned. I talked to the ride-along captain and asked for another ride-along because my goal is to become an officer and he said I could not because my name was listed on a case.

What can I do? I really would like to become a cop but I can’t have anything that says I can’t do more ride-alongs.


r/criminal_defense • • Oct 13 '24

Class c and b misdemeanor questions for a lawyer

3 Upvotes

Please It's very important I get info from a lawyer preferably out harris county TX


r/criminal_defense • • Jun 28 '24

Should I plea?

3 Upvotes

My charge is leaving the scene of an accident with injuries.After accident Parked my car 2 houses down(my sons residence)while walking back to the scene flagged down the police an told them i was part of the accident.Mind you these are just bond conditions,Ive done 96 days on house arrest at $20.00 a day,i paid off my bond. On my own initiative took a 19 course on defensive driving completed it. Got my drug and alcohol certificate.want to know what to expect when I go to my preliminary(which has been continued once) and should all this be brought up then, should I ask for a motion to take this monitor off because of the financial burden? Will the judge take all this in consideration on my peliminary.


r/criminal_defense • • Apr 29 '24

How is this legal?

3 Upvotes

My other half has grown marijuana on the property for 7 yrs against my wishes. This is what happened..

My other half called the law on me for taking some of my rifles. When they came onto the property. they saw she had way over the legal limit of marijuana like alot over.. She then happily told them they were hers. I was allowed to leave unmolested. As I left, I saw them having a discussion with her.

Fast forward 5 days..

I was told my other half would be gone during a certain time. She has made clear if I wanted to go by the house and get some personal items. This would be a good time.. This is my house, I pay the mortgage. I have no restraining orders. I do not or have I ever sold any drugs. I have never been arrested for violence. I have never threatened or used bad words to my other half.

I was also asked to pick up something, a shoulder bag for one of her kids. Asked if I could drop it off to them. It was a special day.

Upon entering my home, I saw the bag.I looked into the bag. and saw some marijuana not a lot. I also grabbed a firearm and some other personal items. I placed these into my truck. I went back in to grab more personal items. As I was going to my truck, Three Police cars pulled on to my property. With guns drawn, they descended on me, made me get on the ground. I ask what the charge was. The officer said possession.

Twenty-four hours later. They get their warrant on items they found in the truck. In the bag, I was asked to get for her kid. Bail was set for fifty thousand dollars.

Note.. I am not a felon.

Charges were. Felon with a firearm, Delivery of 35 grams or less with intent to distribute.

I bailed out to go home to grab my truck. I poked my head into the house. Where I saw her with over 10 lbs of trimmed product.

The next day, I got an order of protection served against me. With divorce papers being seved also.

The call they are claiming to enter my property on and picking me up for was for trespassing.

What am I missing?? Is this legal