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Criminal,
Constitutional Law,
California Supreme Court

Feb. 18, 2020

Courts shouldn’t punish those who can’t afford to pay fines

Does due process require an ability to pay before imposing criminal fines? Is it fundamentally unfair to impose assessments to fund the courts on the poor, who can never pay the fines but suffer the consequences of civil judgments, collection calls and further cascading burden? These questions are currently before the California Supreme Court based on different answers provided by the California Courts of Appeal.

Timothy D. Reuben

Reuben Mediation

Tim Reuben spent more than 40 years handling complex legal disputes in California's state and federal courts. As the founder and managing partner of Reuben Raucher & Blum in Los Angeles, he has worked on a wide range of matters through jury and bench trials, arbitration, mediation, judicial reference, and settlement conferences across multiple areas of civil law, including commercial, real estate, construction, employment, intellectual property, insurance, professional liability, and unfair competition.

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Does due process require an ability to pay before imposing criminal fines? Is it fundamentally unfair to impose assessments to fund the courts on the poor, who can never pay the fines but suffer the consequences of civil judgments, collection calls and further cascading burden?

These questions are currently before the California Supreme Court based on different answers provided by the California Courts of Appeal. Unfortunately, the ...

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