6 ms·

> Does the US court system not refund travel cost? I'm sorry, I'm actually laughing out loud for that one. No, they do not refund any cost you incur for going

> Does the US court system not refund travel cost? I'm sorry, I'm actually laughing out loud for that one. No, they do not refund any cost you incur for going to court. Luckily, I wasn't accused of any drug crimes or they may have seized my car and kept it under then-existing asset forfeiture (legal theft) laws

chii 9y ago
if you were wrongly convicted of a crime, would the costs of your defense be somehow be re-imbursed or compensated?
- FullMtlAlcoholc 9y ago
  There have been people wrongly convicted who can't even get out of prison once something like DNA evidence exonerates them.
  - c0nducktr 9y ago
    I believe there's even been cases where people have been executed despite DNA evidence exonerating them. IIRC, the judge's opinion was something like "Well, we followed all the procedures correctly, it doesn't matter if the wrong conclusion was reached"
- selllikesybok 9y ago
  No, though I'd think your attorney fees and court costs are the least of your worries after a few years in prison. Looks like there are some attempts to provide compensation, but they vary https://www.innocenceproject.org/compensating-wrongly-convicted/ https://www.innocenceproject.org/compensating-wrongly-convic...
- blackguardx 9y ago
  No. In the US, costs are never reimbursed in criminal trials. They might be reimbursed in civil suits, if rarely. Even the juror compensation is something ridiculous like $10/day. I don't think subpoenaed witnesses are compensated for anything.
  - aquadrop 9y ago
    > Even the juror compensation is something ridiculous like $10/day Yes, it seems logical if jurors would be compensated at least as the minimal wage per hour. In small communities it could probably lead to something like 'professional juror' but I think it could be dealt with by monthly/yearly cap for compensation.
    - blackguardx 9y ago
      You can't choose to sit on a jury in the US. People are randomly selected (I think from voting registrations). Small towns have less crime and less need for jurors. Even so, because the choice is not up to you, the "professional juror" would just be a very unlucky person.
      - aquadrop 9y ago
        Yes, you're right, small towns have less crime, so it shouldn't be a problem.
    - cardiffspaceman 9y ago
      I get sufficient pay from my "real job" and vacation time, and never, ever was required to provide military service (or even register for the draft due to my date of birth), so I don't worry about compensation when the jury summons comes.
- LeifCarrotson 9y ago
  Um, no? That verdict is what you are paying your lawyer to get for you. And if you are one of the few who aren't to accept a plea bargain and actually force the issue to go to trial (which is necessary to prove that you were wrongly convicted), it's going to cost many thousands of dollars. A median for the defense is about $1500, including all the cheap plea bargains that don't go to a time-consuming expensive trial. A starting price for a misdemeanor that goes to trial might be $2000-$3000. Felonies and long, complicated trials just go up from there. You may be thinking of a civil defense, where you can work out to pay nothing if you lose, but they're going to take some of the pot if you win. Or of a public defender, who is nominally free, but most states charge a few hundred to a couple thousand in court fees anyway.
- kombucha2 9y ago
  Some states you get money, some states you are not entitled to any whatsoever.
tombrossman 9y ago
For future reference, if you or others reading this catch a bullshit charge like you describe, it is very likely that you can have a lawyer handle everything for you and it may be cheaper than the extra travel costs and missed work days. Even if you are supposedly 'required' to appear. I'm not a lawyer so my specific advice is to call a few and explain the situation, then hire one to handle everything for you. Even if a charge sticks, they will be better then you at pleading it down and/or negotiating reduced fines when possible. Again, it's likely going to be cheaper then travel costs and you should have a lawyer anyway, right from the very start. It sucks to be unfairly targeted but there is an easy way out. I hire a lawyer for even the most minor traffic violations and they really can save you money once you factor all costs (insurance rates, etc...).
- kombucha2 9y ago
  At the end of my ordeal I had to pay 25 dollars of non-refundable "court costs". There is a Supreme Court to be decided on soon which should determine the constitutionality of this practice even after one has been exonerated.
  - phonon 9y ago
    You mean NELSON v. COLORADO? Good news! https://www.supremecourt.gov/opinions/16pdf/15-1256_5i36.pdf https://www.supremecourt.gov/opinions/16pdf/15-1256_5i36.pdf
    - kombucha2 9y ago
      I do mean Nelson and I am elated! Didn't notice they had already announced the decision, I'm behind it seems. Ty!
  - Broken_Hippo 9y ago
    My ex was found not guilty for driving while suspended (he didn't know at the time). They took about $45 of his bail money to cover it, and this was back in the late 90's.
- 9y ago

chii 9y ago

if you were wrongly convicted of a crime, would the costs of your defense be somehow be re-imbursed or compensated?

FullMtlAlcoholc 9y ago
There have been people wrongly convicted who can't even get out of prison once something like DNA evidence exonerates them.
- c0nducktr 9y ago
  I believe there's even been cases where people have been executed despite DNA evidence exonerating them. IIRC, the judge's opinion was something like "Well, we followed all the procedures correctly, it doesn't matter if the wrong conclusion was reached"
selllikesybok 9y ago
No, though I'd think your attorney fees and court costs are the least of your worries after a few years in prison. Looks like there are some attempts to provide compensation, but they vary https://www.innocenceproject.org/compensating-wrongly-convicted/ https://www.innocenceproject.org/compensating-wrongly-convic...
blackguardx 9y ago
No. In the US, costs are never reimbursed in criminal trials. They might be reimbursed in civil suits, if rarely. Even the juror compensation is something ridiculous like $10/day. I don't think subpoenaed witnesses are compensated for anything.
- aquadrop 9y ago
  > Even the juror compensation is something ridiculous like $10/day Yes, it seems logical if jurors would be compensated at least as the minimal wage per hour. In small communities it could probably lead to something like 'professional juror' but I think it could be dealt with by monthly/yearly cap for compensation.
  - blackguardx 9y ago
    You can't choose to sit on a jury in the US. People are randomly selected (I think from voting registrations). Small towns have less crime and less need for jurors. Even so, because the choice is not up to you, the "professional juror" would just be a very unlucky person.
    - aquadrop 9y ago
      Yes, you're right, small towns have less crime, so it shouldn't be a problem.
  - cardiffspaceman 9y ago
    I get sufficient pay from my "real job" and vacation time, and never, ever was required to provide military service (or even register for the draft due to my date of birth), so I don't worry about compensation when the jury summons comes.
LeifCarrotson 9y ago
Um, no? That verdict is what you are paying your lawyer to get for you. And if you are one of the few who aren't to accept a plea bargain and actually force the issue to go to trial (which is necessary to prove that you were wrongly convicted), it's going to cost many thousands of dollars. A median for the defense is about $1500, including all the cheap plea bargains that don't go to a time-consuming expensive trial. A starting price for a misdemeanor that goes to trial might be $2000-$3000. Felonies and long, complicated trials just go up from there. You may be thinking of a civil defense, where you can work out to pay nothing if you lose, but they're going to take some of the pot if you win. Or of a public defender, who is nominally free, but most states charge a few hundred to a couple thousand in court fees anyway.
kombucha2 9y ago
Some states you get money, some states you are not entitled to any whatsoever.

tombrossman 9y ago

For future reference, if you or others reading this catch a bullshit charge like you describe, it is very likely that you can have a lawyer handle everything for you and it may be cheaper than the extra travel costs and missed work days. Even if you are supposedly 'required' to appear. I'm not a lawyer so my specific advice is to call a few and explain the situation, then hire one to handle everything for you. Even if a charge sticks, they will be better then you at pleading it down and/or negotiating reduced fines when possible. Again, it's likely going to be cheaper then travel costs and you should have a lawyer anyway, right from the very start. It sucks to be unfairly targeted but there is an easy way out. I hire a lawyer for even the most minor traffic violations and they really can save you money once you factor all costs (insurance rates, etc...).

kombucha2 9y ago
At the end of my ordeal I had to pay 25 dollars of non-refundable "court costs". There is a Supreme Court to be decided on soon which should determine the constitutionality of this practice even after one has been exonerated.
- phonon 9y ago
  You mean NELSON v. COLORADO? Good news! https://www.supremecourt.gov/opinions/16pdf/15-1256_5i36.pdf https://www.supremecourt.gov/opinions/16pdf/15-1256_5i36.pdf
  - kombucha2 9y ago
    I do mean Nelson and I am elated! Didn't notice they had already announced the decision, I'm behind it seems. Ty!
- Broken_Hippo 9y ago
  My ex was found not guilty for driving while suspended (he didn't know at the time). They took about $45 of his bail money to cover it, and this was back in the late 90's.
9y ago