FINES, COSTS, AND FEES:

Municipal courts and JP's have the express power to waive fines and costs.

NONINDIGENTS SATISFYING FINES/COSTS :

A defendant placed in jail on account of failure to pay the fines and costs shall be discharged on a showing that the defendant is too poor to pay the fine and costs or has remained in jail a sufficient length of time to satisfy the fine and costs at the rate of not less than $100.00 for each period of time served [at least 8 hours but not more than 24 hours] as specified by the convicting court in the judgment in the case.

DEFENDANT’S RIGHTS:

A court may not threaten to arrest or incarcerate a person solely because the person requests the assistance of counsel.

A court may order a defendant to pay as "court costs" the legal services provided before or after conviction if the defendant is determined to have financial resources.

APPOINTMENT OF LEGAL COUNSEL FOR THE POOR:

If a defendant cannot afford an attorney, he is entitled to counsel no later than the end of the first working day after the date on which the court or the courts' designee receives the defendant's request for appointment of counsel in counties with a population of 250,000 or more.

A person arrested without a warrant and who is detained in jail must be released on bond, in an amount not to exceed $10,000, no later than 48 hours after the person's arrest if the person was arrested for a felony and a magistrate has not determined whether probable cause exists to believe that the person committed the offense.

If the person is unable to obtain a surety for the bond or unable to deposit money in the amount of the bond, the person must be released on personal bond.  A prosecutor may file an application for postponement for release, upon which the magistrate may postpone the release of a person but not for more than 72 hours after the person's arrest.