Legal Question in Criminal Law in Virginia

Court Costs- Dispute

In 1996, I lived in Norfolk, VA. I was involved in a welfare fraud court case where restitution was ordered along w/probation. I fufilled the obligations of both my probation and restitution and was released from both in 2000. This was my first time in court and I was never advisd of any court costs. No mention of court costs is on any paperwork I receivd at that time.

Recently 9/2002, I was stopped for a minor driving infraction and was told my drivers liscense is suspened. Va DMV said that it was suspended due to the Norfolk circuit court. I contactd the court and was advisd that court costs from 1996 were due. When I questioned why in all this time I was never billed or contacted about the court costs I was told that a notice advising me of the due date for the court costs went out in June 2001, 10 days prior to the due date for the court costs which was,JULY 2nd of 2001.

That would have been 5 years from the date the case ended. I did not at that time (2001) receive the notice from them because by then I had moved to New Jersey. Now the costs, are now in a collections agency status and I am being billed penalties and late fees. I could have paid these fees back in 1996. Do I have any recourse in this?


Asked on 10/01/02, 1:51 pm

1 Answer from Attorneys

Michael Hendrickson Law Office Michael E. Hendrickson

Re: Court Costs- Dispute

You most likely had one year from the date your probation ended to pay the court costs.(7-2-01)

Court costs are always assessed against any criminal defendant who is found guilty after trial or who enters a plea of guilty to avoid trial.

Your recourse is to pay all costs which have been assessed including any penalties and late fees.

(Of course, it's always easier to point the finger

of culpability the other way.)

).

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Answered on 10/01/02, 11:52 pm


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