New Law Will Eliminate Administrative Fees in Criminal Cases

New Law Will Eliminate Administrative Fees in Criminal Cases

The Families Over Fees Act will end the practice of charging administrative fees in criminal cases for low income Californians.

  • There are many aspects of the California criminal justice system that are unjust, from differences in the rates of arrest for people of color to the cash bail system.
  • People with resources are often better positioned if they are charged with a crime, while people with lower incomes often struggle to make bail, afford an attorney, or pay court fines or fees. This month, California took a step towards making the criminal justice system more equitable by eliminating certain fees.

The Families Over Fees Act, Assembly Bill 1869 (AB 1869) would get rid of 23 separate administrative fees that are imposed on low income Californians in criminal cases. As a criminal defense lawyer in Riverside, CA can explains the goal of this bill is to prevent involvement with the system driving families deeper into poverty.

It is estimated that AB 1869 will relieve Californians of more than $16 billion in outstanding criminal fees. Most of these fees are uncollectible, because people who have been convicted of a crime are often unable to pay them. According to a number of studies, California counties spend more to collect these fees than they receive in payments.

There are a number of fees associated with the criminal justice system that may surprise people. For example, in the not too distant past, if you were arrested on a criminal charge in Los Angeles County and could not afford an attorney, you would assigned a public defender. However, to register for a public defender, you would have to pay a $50 fee. If you couldn’t pay that fee, it would be sent to collections, with interest and other fees adding up. While Los Angeles County has repealed this registration fee, other fees can still add up.

This includes paying for certain types of probation. Over the course of probation, you may be required to pay thousands of dollars in fees for probation, drug testing, and more. If you fail to pay these fees, it may be considered a probation violation. For someone recently convicted of a crime, paying even a minimal amount — like $50 a month — may be impossible.

AB 1869 eliminates the authority of counties in California to charge defendants in criminal cases for 23 administrative expenses, including:

  • The cost of counsel
  • Administrative fees associated with arrest
  • Administrative screening for people who are arrested or convicted with a crime
  • Arrest and booking at county jail
  • Arrest and booking at city jail
  • Cost of counsel for a minor
  • Registration fee for an attorney
  • Interstate compact supervision
  • Home detention
  • Electronic monitoring in lieu of bail or jail
  • Probation supervision, investigation report, and jurisdictional transfer
  • Installment processing
  • Parole supervision
  • Work furlough, home detentions and county parole
  • Work furlough administration
  • Electronic monitoring as a probation condition
  • Electronic monitoring supervision for parolees
  • Voluntary work release
  • Work furlough program

The bill will take effect on July 1, 2021.

If you have been charged with a crime, a skilled criminal defense lawyer in Riverside, CA can help. Contact the Chambers Law Firm today at 714-760-4088 or dchambers@clfca.com to schedule a free consultation with a member of our team.

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