Advocate Guide on fines and fees
This page offers a step-by-step guide for the criminal fines and fees waiver process. Annotated and blank forms that may be needed in court are linked on throughout this page and in the Document Hub.
The information in this guide is based on Oklahoma state law and should be considered general guidance. NOTE: There is a wide variety in process and practices across courts. Varying practices in this guide are italicized.
How to Request a Cost Hearing in Oklahoma*
Complete the
Ability to Pay Affidavit
1
The affidavit should be fully completed . BEFORE contacting the court clerk to request a hearing. In some jurisdictions, a well-completed Ability to Pay Affidavit may allow the judge to reduce or waive a client’s fines without a hearing.
If a question or section is not applicable to your client, they can write-in any hardship affecting ability to pay that does apply. For example, for the “Adults supported outside of household” question, client can add information about “children supported as a single parent.”
This is not the same as a Pauper’s Affidavit needed to waive filing fees or get a free lawyer.
Every court should accept the standard forms, but some municipalities may have their own form that you may also have to fill out.
Collect supporting evidence
2
Collect supporting evidence for the affidavit, especially if the client receives public benefits.
Common supporting evidence:
Disability (benefits verification letter from SSA, VA, Tribal Authority, or any other agency)
Food stamps (SNAP)/WIC/TANF (printout from DHS)
.Housing Assistance (document from Housing Authority)
Additional supporting evidence - some judges may want to see proof of insufficient income, like paystubs, tax records, or social security earnings history
Documents showing proof of insufficient income (paystubs, tax records, etc.)
Documents showing inability to pay (cut-off notices from utility companies, most recent bills, doctor's notes, hospital visit summaries, etc.)
Client contacts the court clerk
for a Cost Hearing
3
Once the affidavit is complete and your client has collected supporting evidence, they should contact the court clerk for a Cost Hearing
Some court clerks require in-person scheduling of a Cost Hearing, while others will allow scheduling over phone.
Some court clerks will allow you to file the affidavit at the time of scheduling your Cost Hearing, while others will instruct you to hold on to your affidavit until your Cost Hearing.
Clients may also want to fill out the “Request for Cost Hearing Form” to document their request to the court clerk. Some courts will require this.
In the “Request for Cost Hearing Form” there is a space for clients to demonstrate financial hardship, such as “I am homeless” or “I lost my job.”
Clients may want to fill out the
“Request for a Cost Hearing” form
4
Cost Hearings are Required
5
Remember, court clerks are required by law to schedule a Cost Hearing upon request. 22 O.S. § 983 (C).(4).
Set a Cost Hearing date
6
A Cost Hearing date will be set by the court clerk. Hearings may be set several months in advance. Clients will likely need to appear in person for their scheduled hearing. Some counties allow for virtual hearings.
*This does not apply to restitution.What to Expect at a Cost Hearing
HEARING PREP
Clients should bring a blank copy of the “Proposed Order” with you to your Cost Hearing along with the completed “Ability to Pay Affidavit.” Do NOT fill out the Proposed Order - this is for the judge to fill out if they choose to use this form.
The purpose of the hearing is to establish how much your client can afford to pay based on what is provided in the affidavit and what is discussed in the hearing.
Payments may be determined on a monthly basis or in total.
HEARING FORMAT
The format and length of Cost Hearings varies from courtroom to courtroom. The hearing is usually a conversation between your client and the judge that can range anywhere from 5 minutes to 30 minutes.
Some judges will close the courtroom for each hearing so that it is only the individual, their lawyer if they have one, and the judge in the courtroom. This means that your client may not be able to observe and listen to other hearings before your own.
The court is not required to give your client an attorney for the Cost Hearing unless the court is considering sending you to jail for nonpayment. If that is the case, they have the right to an attorney and can ask for one during their hearing.
The law, 22 O.S. § 983(B)(5), directs the judge to presume your client cannot pay their fines and fees if they receive any of the public benefits at the top of the affidavit OR if their income is under 150% of the Federal Poverty Level.
Clients should make sure they inform the judge if they receive public benefits, including food stamps (SNAP), WIC, TANF, Disability (SSA, VA, or Tribal benefits), or if they are under 150% of the Federal Poverty Level. Clients should do this, even if some judges may not acknowledge that clients qualify for these presumptions.
If a judge finds that a client cannot afford to pay:
The judge may waive all fines and fees owed to the court.
The judge may reduce your fines and fees based on n their determination of your client’s ability to pay.
For example, they may reduce the total amount of fines owed from $1,000 to $100.
If a judge finds that a client can make payments, they can:
Set you up your client on a payment plan.
Assign community service and give your client credit of at least $14.50/hour towards your fines and fees.
Give clients a financial incentive for doing certain things such as credit towards fines for attending AA meetings.
Once the judge has made a determination on your client’s
ability to pay:
Some judges will set a review date in the future to assess your client’s repayment status while other judges will let clients make payments without setting a review date.
If your client’s financial situation changes and they can no longer make payments and there is not a future review hearing scheduled, they can request a new Cost Hearing by starting the process over again.
At the end of the hearing, if the judge does not use the proposed order, clients may ask for a copy of any order that the judge issues at the hearing.
Other Factors Considered for Ability to Pay
NOTE:
Individuals should include information about these factors in the “Ability to Pay Affidavit” that is submitted to the court. The last page of the affidavit also provides space for individuals to share any additional personal information they would like the court to know about their current personal circumstances.
The following are some of the factors, among many, that a judge should consider regarding your ability to pay during a Cost Hearing under state law 22 O.S. § 983(B)(3).
How many children or dependents you have
Ages of children/dependents may be helpful to demonstrate to the court children’s reliance on their parent(s)
Household living expenses
Any assets your client may have
Child support obligations
Physical or mental health conditions that make it challenging to keep a job or manage your resources
Additional case-related expenses to be paid by the defendant
Any other factors relevant to the ability of the defendant to pay
Important Reminders
Each city and county has their own set of practices that may differ from the processes described in this packet. Additionally, keep in mind that judges have broad flexibility in how they apply these practices in their courtrooms.
If your client is recently released from prison, they are required to report within 180 days after release. The easiest way to report is by calling the court clerk for each county where they owe fines and fees. Your client is not required to make payments to the court and cannot set a Cost Hearing for the first 180 days after you have been released. 22 O.S. § 983b.
If your client receives a notice to appear for a hearing within the first 180 days after release, it is important that your client
Attend their hearing and
Ask the court to delay payments until that hearing date.
Other Options to Waive Fees
If your client has been incarcerated with the Dept. of Corrections
They may still be eligible for a fee waiver under 22 O.S. § 983a even if they do not meet any of the ability to pay presumptions above.
Even if they do meet the ability to pay presumptions above, they can also seek relief under 22 O.S. § 983a.
Court Authority to Waive Fines, Costs, and Fees
Under state law 22 O.S. § 983a the court has the authority but is not required to waive all outstanding fines, court costs, and fees in a criminal case for any person who meets each of the following criteria:
Served time in prison after being convicted of a crime.
Your client has to have served time in prison. Only being sentenced to probation does not make them eligible for a waiver.
Been released from custody in prison with the Department of Corrections.
Complied with ALL probation or supervision requirements since release.
If your client breached any terms of their probation or supervision, they are not eligible for a waiver of fines and fees.
Made on-time monthly installment payments on outstanding fines and fees OR towards their payment plan in each county where your client owes them for the last 24 months (two years).
Notes on 22 O.S. § 983a
This statute does not apply to money a person owes for court-ordered restitution to a victim or for court-ordered child support.
As long as your client is paying on a payment plan and the payment plan is consolidated with their prison case, the court may waive their fines and fees.
If your client is serving time on paper, they may still be eligible for a waiver of fines and fees under 22 O.S. § 983a.
Your client can only ask for relief in each individual county that has sent them to prison.
Contact the court clerk or Cost Administration for information on the fines and fees they may owe.
If the court has questions about their records, they may want to bring documentation from the Dept. of Corrections with them to the Cost Hearing.
Missing a single payment will not disqualify your client from being eligible for a waiver
Individuals can pay extra or make additional payments and still be eligible for a waiver. This is solely up to a judge’s discretion.