If the defendant is indigent, what must the court do?

• A. Inquire into reasons for non-payment and, if appropriate, discharge through community service or time payment plan
• B. Jail the defendant
• C. Increase the fine
• D. Refer to collections

Answer: (A)

When someone is indigent, the court must first assess whether the failure to pay is due to a lack of funds. If it is, the court should offer workable alternatives such as community service or a time payment plan rather than punishing the person for poverty. This approach protects due process and ensures penalties are feasible given the defendant’s financial situation. Jailing for inability to pay, increasing the fine, or sending the matter to collections would escalate hardship instead of addressing the real constraint.