Fines and Fees in Los Angeles

Fines and fees in Los Angeles are a routine, but often confusing, part of every criminal sentence. Even a seemingly modest “$100 fine” can swell into several hundred dollars once mandatory surcharges and assessments are added, and failure to pay on time can threaten your probation, your driver’s license, and even your freedom.

Kraut Law Group Criminal & DUI Lawyers believes that an informed client makes better decisions. The guidance below explains how fines and fees in Los Angeles are calculated, what options are available when you cannot afford to pay, and how strategic lawyering, especially when grounded in a deep understanding of the Los Angeles criminal process, can mitigate the financial impact.

What Counts as a “Fine” Under California Law?

In California, criminal financial obligations fall into four basic buckets:

• Base fine: the amount set by statute for a particular offense (for example, a first-time DUI carries a statutory base fine of $390 – $1,000)
• Restitution fine: a mandatory statewide fine that funds the victim-restoration program (currently $150 – $1,000 in misdemeanors and $300 – $10,000 in felonies) under Penal Code §1202.4
• Direct victim restitution: compensation ordered to reimburse a specific victim for out-of-pocket losses.
• Penalty assessments, surcharges, and special funds: a stack of extra dollar amounts added by statutes such as Penal Code §1464 and Government Code §§76000, 70372, 76104.6, 76104.7. These assessments, not the court, create the dramatic mark-ups defendants complain about.

Because penalty assessments are expressed as dollar multiples “for every $10 of the base fine,” they behave like compound interest; small fines grow fast.

How California Penalty Assessments Inflate Criminal Fines

As of 2025, California law requires courts to add approximately $27 in assessments for every $10 of base fine imposed, significantly increasing fees and fines. The most common components are:

• State penalty assessment (Penal Code §1464): $10 to the General Fund
• County penalty assessment (Gov. Code §76000): $7 for local crime labs and emergency medical services
• Court construction fee (Gov. Code §70372): $5 for courthouse construction
• DNA Identification Fund (Gov. Code §76104.6): $1 for the state DNA lab
• Supplemental DNA Fund (Gov. Code §76104.7): $1 for the county DNA lab
• EMS penalty (Gov. Code §76000.5): $2 for emergency medical services

The extra dollar comes from a 20 % state surcharge on many fines (Penal Code §1465.7). Court worksheets vary, but the result is the same: a $390 base DUI fine becomes roughly $2,000 out-of-pocket after adding the various fees.

Restitution Fines and Victim Compensation in Criminal Cases

Penal Code §1202.4 commands every sentencing judge to impose a “restitution fine” even when no identifiable victim exists. The minimum and maximum amounts rise with inflation and with the severity of the offense. Still, judges may deviate within the statutory range after weighing the defendant’s ability to pay and the seriousness of the conduct.

Suppose a victim has documented economic losses, medical bills, lost wages, or property damage, the court must order direct restitution in that exact amount. Direct restitution is civilly enforceable for 10 years beyond probation and survives bankruptcy; unlike a fine, it cannot be converted to community service.

Breakdown of DUI and Traffic Fine Surcharges in Los Angeles

Imagine a first-offense misdemeanor DUI in the Los Angeles Superior Court:

• Base fine set at statutory minimum: $390
• Penalty assessments and surcharges (≈$27 per $10): ≈$1,053
• Court operations fee (Penal Code §1465.8): $40
• Conviction assessment (Gov. Code §70373): $30
• Emergency Medical Air Transport fee (Gov. Code §76000.10): $4

Total payable: ≈ $1,517, nearly four times the headline fine. The bill can climb further if the court imposes an ignition-interlock surcharge, alcohol-program user fee, or victim restitution.

Financial Hardship Hearings and California Fine Reform Laws

California recognizes that an unaffordable fine defeats the purpose of rehabilitation. Rule 4.335 of the California Rules of Court allows any defendant, even after the case has gone to collections, to request an ability-to-pay determination. Judges may cut the fine, authorize an installment plan, or convert the balance to community service when fairness so requires.

The Legislature has also acted: Assembly Bill 1869 abolished 23 categories of county administrative fees (for probation supervision, electronic monitoring, booking, etc.) effective July 1, 2021, and forgave outstanding balances. While AB 1869 does not erase fines or restitution, it prevents counties from piling on new service charges that once kept people in perpetual debt.

Options to Reduce, Waive, or Work Off Criminal Fines

Courts have several tools for defendants who lack the means to pay:

• Installment plans. Most Los Angeles courthouses will accept as little as $50 per month on a misdemeanor fine.
• Community service or labor. Penal Code §§1205.3 and 1209.5 authorize judges to credit each hour of service against the fine at a court-set hourly rate (often $15–$30)
• Conversion to jail or community labor. At sentencing or later, a judge may let a defendant “serve” the fine through jail time or Cal-Trans roadside work (Penal Code §1205). This option should be a last resort; jail carries its collateral consequences and fees.
• Motion to modify probation. If your financial circumstances change, the court can adjust payment terms under Penal Code §1203.3.

A skilled defense lawyer can assemble financial records, medical bills, and proof of public-benefit eligibility to present a compelling inability-to-pay package.

What Happens If You Don’t Pay Criminal Fines in California

Ignoring a fine rarely makes it disappear. Potential outcomes include:

• Probation violation. Non-payment without a valid hardship can result in a violation hearing and possible custody time.
• Suspended driver’s license. For many Vehicle Code violations, the Department of Motor Vehicles can refuse to renew your license until the fine is paid.
• Collections and wage garnishment. Courts routinely refer delinquent accounts to private collectors, who add a surcharge of up to 20%.
• Civil judgment. Unpaid restitution becomes a lien that can attach to wages, tax refunds, or real property.

Proactive communication with the court is crucial; most judges will work with defendants who demonstrate a good-faith effort.

How to Negotiate Lower Fines and Fees in a Criminal Plea Deal

Fines and fees in Los Angeles are negotiable in many prosecutions. As former Deputy District Attorneys, our lawyers understand which charges trigger hefty assessments and how to structure a plea that minimizes exposure, for example, reducing a DUI to reckless driving lowers the base fine and eliminates specific special fees. We also press for “ability-to-pay” findings on the record during any plea colloquy, locking in future relief if your finances worsen.

The Kraut Law Group Criminal & DUI Lawyers Advantage

• Prosecutorial insight. Managing Attorney Michael Kraut spent 14 years with the Los Angeles County District Attorney’s Office.
• Peer-recognized expertise. Mr. Kraut maintains a perfect 10.0 Avvo rating and an active license in good standing with the State Bar of California.
• Holistic defense. We combine legal strategy with practical solutions, requesting fee waivers, coordinating community-service placements, and challenging unlawful collection tactics.

Whether you are facing a first-time misdemeanor or a complex felony, we fight not only to protect your liberty but also to shield you from crushing financial consequences, including fines and fees in Los Angeles.

Frequently Asked Questions on Criminal Fines, Penalty Assessments, and Payment ReliefTalk With a Los Angeles Criminal Defense Lawyer Today

If you have been arrested or are already facing fines and collection notices, contact Kraut Law Group Criminal & DUI Lawyers at (888) 334-6344 or use our secure online form for a free and confidential consultation. Early intervention can save you thousands of dollars and prevent license holds or probation violations.

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