If someone has been charged with a felony and is found not guilty, who pays the court costs?

Question

My son was recently found not guilty in a case of receiving stolen property after months of having his hearings moved. I was wondering if the burden of costs falls to the person who initially brought the charges.

Also, he had a public defender as he was not employed at the time.

Answer 1

The burden falls on the taxpayer. Your son might have to pay for certain things, like a deposition that would be considered costs in a civil case, but not in a criminal case. The person who brought the charges does not control the costs. After the charges are filed, the costs are controlled by the prosecution. We pay the prosecutor and hence we pay the costs.

Answer 2

No, you cannot recover costs.

You really only have one possible cause of action, and that is Malicious Prosecution, but this cannot be used against DA's or judges, only possibly PD's or private attorneys, and most likely private individuals. You would have to establish there was no probable cause whatsoever in pursuuing the felony charges in the first place, which is a difficult burden to overcome. You would have to establish a basis in injury beyond the normal costs of litigation.

Answer 3

Yes they can. You have to pay the fine. In fact and it sounds like you live in NYS. They did you a favor by pleaing it down. If the charge stuck as it was, the fine would've been doubled maybe even tripled, possibly some jail time, and you still would have to pay the $500 restitution. Get a job, and pay the money!

Answer 4

You will need to file a civil suit against the city, county, and any persons who entered information against your son which resulted in his prosecution.

You will most likely have to do this all yourself, as lawyers are afraid to challenge their local City and County authorities (they have careers to consider, and will likely have to go up against that prosecutor/before that judge again in their career).

You cannot sue because of incompetence in the prosecution (Prosecutors have immunity) or incompetence in the police investigation (police investigators have immunity) UNLESS YOU CAN PROVE IT WAS MALICIOUS.

Perhaps you would consider filing a tort related to Torturous Interference, Malicious Prosecution or negligent endangerment.

Unless you sue, you will never see a dime, though. And DO NOT LISTEN TO LAWYERS WHO WILL TELL YOU NOT TO SUE, FOR THE REASONS I HAVE LISTED ABOVE.

This same situation happened to me several years ago, and I fought for years for just an apology. Finally, last month, I got to meet with several representatives of the State Attorney's office, and was apologized to for the hell I was put through.

I cannot describe how good that felt.

Good luck.

Answer 5

No. you won't get any money paid for defense. That's what public defenders are for. "if you CANNOT afford an attorney, one will be appointed for you"
When you got your own lawyer, you immediately agreed to assume the cost of defense. REGARDLESS of the outcome. That's why lawyers are rich and get a large amount of their money upfront.

Now, civil suits are different, there, you CAN add the cost of a lawyer to your suit or counter-suit. That's why there's lawyers called "ambulance chasers" they tack-on a hefty charge becuse you'll be their golden ticket!

Answer 6

Not usually. You are responsible for the costs unless the judge rules otherwise.

Answer 7

The state has to pay for the prosecution. Your son has to pay for the defense.

Answer 8

the city/county.........