A rule 8 hearing In Oklahoma criminal cases is a hearing regarding fines and costs. In any criminal matter, if you are convicted or even if the sentence is deferred, there will be fees, fines and costs associated with the proceeding. A dismissal may not even always eliminate certain fines and costs. Short of the Judges ruling the best way to avoid fines and costs is getting a not guilty verdict after a jury trial. .
It is possible to work out a payment plan after your case has finished. If you serve a jail or prison sentence, you will still be required to pay your costs and fees after your release.
What If You Don’t Pay Your Criminal Case Fines And Costs?
If you do not pay the costs and fees associated with your criminal case in Oklahoma, there are several penalties you might face. Not paying your fines and costs could be considered a violation of your probation. This could result in your probation privileges getting revoked.
If you haven’t paid costs and fees as ordered from your criminal case in Oklahoma, you could also be arrested and serve jail time. However, it is illegal to put people in jail for their inability to pay in the United States. The United States Supreme court in Bearden v. Georgia in a ruling regarding non-payment of fines and costs ruled that it is illegal for a person to be put in jail for the failure to pay fines and costs by itself only. The Court ruled that before the person is incarcerated there must first be a finding of a willful failure to pay. Therefore, a process has been created to determine if someone really cannot pay their fees and fines or if they can pay and choose not to in violation of the court order.
What Is A Rule 8 Hearing In Oklahoma?
In what is considered a response to the Bearden case the Court of Criminal Appeals in Oklahoma set out guidelines in the Hubbard v. State. The court set in place certain procedural guideposts for the Courts to follow. This process includes a hearing and a ruling by the Judge that the defendant can in fact pay the fines and costs as assessed. This is called a Rule 8 hearing. The rule 8 establishes a persons ability to pay and makes arrangements to pay those fines and fees related to a criminal case. If your judgment or sentence as part of your criminal conviction requires you to pay fines or costs, you go to a Rule 8 hearing to establish a payment plan or determine if you are even able to pay your costs at all.
What Happens At A Rule 8 Hearing?
A Rule 8 hearing happens after the criminal case has already finished. At a Rule 8 hearing in Oklahoma, a judge will decide if you can pay the costs associated with your criminal case. If you haven’t yet paid your fees or cannot pay your costs, a Rule 8 hearing will address this.
In a Rule 8 hearing, a judge will assess your financial situation and decide whether you can make payments towards the fines and costs that you have racked up. Through a Rule 8 hearing, it is possible to get your fees and costs forgiven – if a judge decides you cannot repay the debt. For example, if you are disabled and cannot work and have no means to pay back your fees, a judge may rule to dismiss the amount you owe.
If you find you cannot pay the costs of your criminal matter, you can request a Rule 8 hearing. At a Rule 8 hearing in Oklahoma, you can ask to be put on a payment plan or have what you owe forgiven.
Tulsa Criminal Defense Lawyers
If you are facing criminal case a criminal defense lawyer can sometimes help to negotiate lower fines and costs. This can be done at the conclusion of the underlying case. In the event that you fail to pay and the State revokes your probation your attorney can ask the court to reinstate your probation upon a new payment schedule or potentially have a rule 8 hearing in Oklahoma. For a free and confidential consultation call Kania Law Office at 918.743.2233
Tulsa's Local Criminal Defense Lawyers
Are you looking for Tulsa attorneys who will fight aggressively for you? Our team of criminal defense attorneys have the experience needed in Oklahoma law to secure the outcome you deserve.