Understanding the Landscape of Fines, Restitution, and Fees for Criminal Convictions in Minnesota

By Kelly Lyn Mitchell

  When a person is charged and convicted of a criminal offense in Minnesota, a number of consequences flow from that conviction. The person may experience arrest and booking into the county jail. They may have to post bond or bail to gain pretrial release from jail while the case is pending. And if convicted, they may be sentenced to a period of incarceration in prison or jail or they may be ordered to serve a period of time on probation, during which they will have numerous court-ordered conditions to comply with. Each of these touchpoints with the criminal justice system may incur additional challenges for the person, such as potential loss of employment, and impacts on family members who may have to post bail or oversee care for their children. One area that is less visible is the financial side of the experience. There are three different types of financial obligations a person may be required to pay following conviction for a criminal offense: fines, restitution, and fees (Table 1). Fines serve as a form of punishment for the offense committed, while also generating revenue for the system. Restitution, on the other hand, is a financial obligation that aims to compensate the victim for any losses sustained as a result of the crime. Fees are different, in that their primary function is revenue generation. Fees are financial obligations that are used to fund specific aspects of the criminal legal system, such as public defender representation, or to provide funding for the state, county, or city’s general budget

Minneapolis: Robina Institute of Criminal Law and Criminal Justice, 2023. 20p.