If a defendant is a child at the time of the offense, may the judge waive the fine and costs?

• A. Yes, if the defendant is a child at the time of the offense
• B. No, age has no bearing
• C. Only if the defendant is indigent
• D. Only for a deferral

Answer: (A)

When someone is a child at the time of the offense, the court has discretionary power to tailor sanctions to a minor. Juvenile proceedings focus on rehabilitation, and a minor’s ability to pay fines and costs is often limited. Because of that, the judge may waive the fine and costs to avoid imposing a financial burden that could hinder rehabilitation or punishment that doesn’t fit a young defendant. The idea that age has no bearing, or that waivers only apply if the person is indigent or only through a deferral, doesn’t reflect how juvenile cases are handled. So, the best answer is that a judge may waive the fine and costs for a defendant who was a child at the time of the offense.