When a judge orders someone to pay a fine, the judge has to look at how much money that person has and set a fair amount. The fine cannot be so big that the person can't also pay back the victim. A judge can only give a fine as the only punishment if it's enough to protect the public. A judge can add a fine on top of other punishments only if the person made money from the crime, or if a fine would help stop that type of crime. The person can be given time or a payment plan to pay the fine. The judge cannot set a backup jail sentence at the same time — if the fine goes unpaid, the judge deals with that later.
558.004. of s. — 1. In determining the amount and the method of payment of a fine, the court shall, insofar as , proportion the fine to the that payment impose in view of the of an individual. The court shall not sentence an to pay a fine in any amount which will prevent him or her from making or to the victim of the .
2. When any other is by , the court shall not sentence an individual to pay a fine only unless, having regard to the nature and circumstances of the offense and the history and character of the offender, it is of the opinion that the fine alone will suffice for the protection of the public.
3. The court shall not sentence an individual to pay a fine in addition to any other sentence authorized by section 557.011 unless:
(1) He or she has derived a from the offense; or
(2) The court is of the opinion that a fine is uniquely adapted to of the type of offense involved or to the correction of the .
4. When an offender is sentenced to pay a fine, the court may provide for the payment to be made within a specified period of time or in specified . If no such is made a part of the sentence, the fine shall be payable .
5. When an offender is sentenced to pay a fine, the court shall not impose at the same time an alternative sentence to be in the event that the fine is not paid. The response of the court to nonpayment shall be determined only after the fine has not been paid, as provided in section 558.006.
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Source & history notes
(L. 1977 S.B. 60, A.L. 2014 S.B. 491) Transferred 2014; formerly 560.026; Effective 1-01-17
Related Missouri laws
Fine for juvenile justice preservation fund, when, amount
RSMo 558.003
Nonpayment of fine, means to collect
RSMo 558.006
Fines for felonies
RSMo 558.002
Revocation of a fine
RSMo 558.008
Sentence of imprisonment, terms
RSMo 558.011
Extended terms for prior criminal conduct
RSMo 558.016
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.