New Jersey Section 2C:46-3 – Revocation of fine

New Jersey’s Law on Revoking Fines: What You Need to Know

Fines can be a common punishment for criminal offenses in New Jersey. But what happens if you get fined and then can’t pay? New Jersey law provides a process for defendants to request a revocation or reduction of fines under certain circumstances. Here’s what you need to know about New Jersey Statute 2C:46-3 and getting fines revoked in New Jersey.

What Does the Law Say?

New Jersey Statute 2C:46-3 allows defendants who have been ordered to pay a fine as part of their criminal sentence to petition the sentencing court to revoke the fine or any unpaid portion. This means you can ask the judge to cancel the fine or remaining balance if you meet the requirements in the law.

To request a revocation, you need to file a petition with the court that originally ordered the fine. The petition should explain why you are seeking the revocation and your circumstances that warrant it.

When Can Fines Be Revoked?

The law does not specify the exact reasons a court can revoke a fine. But case law provides guidance on when revocation may be appropriate. Courts have considered revoking fines when defendants show:

• Inability to pay due to poverty or financial hardship
• Severe illness or disability impacting ability to work
• Dependent family members to support
• Good faith efforts made to pay the fine over time

The court will review your individual circumstances and whether there is good cause to revoke the fine. Your financial means are a key factor, but not the only consideration.

Revocation vs. Reduction

Importantly, the law allows courts to revoke the fine fully or partially. So you can request the fine be reduced instead of fully revoked if appropriate. This provides flexibility for the court to fashion a resolution suitable to your situation.

For example, the court may order a reduced monthly payment plan if you show you can pay a portion of the fine over time but not the full amount. The goal is to ensure the punishment fits your means.

Defenses and Legal Arguments

Your attorney can raise several legal arguments in a revocation petition to advocate for canceling your outstanding fine amount. Potential defenses include:

• Excessive fines clause – Fines can’t be disproportionate to the offense under the 8th Amendment. Your lawyer can argue the fine is excessive based on your financial condition.
• Inability to pay – Due process requires consideration of ability to pay. Unpayable fines can trigger collections and incarceration, violating due process.
• Changed circumstances – If your financial situation has worsened since sentencing, it may warrant a revocation.
• Coercion and duress – Paying the fine would deprive you and dependents of basic necessities, coercing payment.
• Public policy – Revocation promotes rehabilitation and avoids unnecessary collections costs.

Your lawyer can craft the right legal arguments to fit your situation. The goal is highlighting facts showing the fine is now inappropriate or unjust.

Strategies for Success

There are several strategies your lawyer can use to increase the odds your petition succeeds:

• Provide documentation – Supply financial records, overdue bills, bank statements, etc. proving inability to pay. Concrete evidence is powerful.
• Demonstrate good faith – Show you’ve made efforts to pay and comply with the sentence ordered. Judges don’t like scofflaws.
• Highlight dependents – If you have children or family relying on you, emphasize how the fine impacts them. Judges are often sympathetic to dependents.
• Propose alternatives – Suggest other punishments like community service to replace the fine. It shows you’re not just trying to avoid consequences.
• Remorse and responsibility – Express regret for the offense and a willingness to make amends. Accepting responsibility goes a long way.

With an experienced criminal defense lawyer’s help, many people are able to win full or partial revocation of burdensome fines.

What Happens If Denied?

If your petition gets denied, all hope is not lost. You can file again in the future if your circumstances deteriorate further. Many judges will consider subsequent petitions if you experience increased hardship.

Your lawyer may also be able to file an appeal of the denial. Appeals courts can overturn lower court decisions for abusing their discretion or misapplying the law. While challenging, appeals provide another option.

Enlisting an aggressive lawyer maximizes the chances your fine gets revoked or reduced. Don’t despair if your first attempt is unsuccessful. Persistence and effectively presenting your situation is key.

Conclusion

Paying criminal fines can be very difficult for many low-income defendants. Thankfully New Jersey law provides a safety valve through the fine revocation process. If your circumstances warrant it, an experienced attorney can help you petition to eliminate or reduce court-ordered fines.

While the process takes some effort, it can wipe out or decrease financial obligations that are impractical for you to pay. Your ability to move on with your life without the fine hanging over your head makes seeking revocation worthwhile in many cases. With the right legal strategy and persistence, fine revocation offers a light at the end of the tunnel.