Legal Question in Criminal Law in Louisiana

An indigent person may not be incarcerated merely because he is unable to pay a fine that is part of his sentence. However, the imposition of fines and costs on an indigent is not unconstitutional so long as time in jail is not ordered in event of default. State v. Devare, 03 610 (La.App. 5 Cir, 10/28/03); 860 So. 2d 191

Defendant was entitled to resentence based on his contention that he was indigent because if he was found on remand to be indigent; he could not be incarcerated based on his inability to pay a fine which was part of his sentence. State v. Moreau, 31,879 (La.App. 2 Cir, 05/05/99).

Whether a judge can impose your sentence in default of payment of fines and fees is left within the discretion of that Judge. La.C.Cr.P. Art. 884. The La.Sup.Ct., however, requires the resentencing of the defendant, which may include community service in lieu of payment of cost and fees.