It is not a crime to be poor, yet courts throughout Alabama have routinely sentenced poor defendants to jail time when they have been unable to pay onerous fines and court fees. This creation of a de facto debtorsâ prison runs contrary to American principles of justice and has come under heavy criticism from citizensâ groups and higher courts. As a law firm committed to civil rights for all Americans, McGuire & Associates assists individuals facing jail time because they are unable to pay fines and court fees.Â We provide passionate representation to preserve the liberty and uphold the dignity of poor Alabamans.
Historically, the term âdebtorsâ prisonâ refers to a western European practice of jailing people who were unable to pay public or private debts. The debtors were sentenced to workhouses until they repaid what they owed through very low-paid labor or their family liberated them by paying off the debt. Naturally, the inmates of debtorsâ prisons tended to be poor people who languished in crowded cells where disease was rampant. The inhumanity of this practice spurred reformers to fight for the eradication of debtorsâ prison. One such reformer was James Oglethorpe, an Englishman whose dream for founding the colony of Georgia was to liberate poor prisoners and give them a fresh start. Unfortunately, not only did Oglethorpeâs plan founder, but many colonies set up debtorsâ prison on the British model, and these practices continued even after the American colonies won their independence.
Today, the United States does not have debtorsâ prison for private debts, but jail time is permitted for unpaid criminal fines and criminal court costs. Courts can also jail âdeadbeat parentsâ for contempt of court if they have not paid mandated child support.
However, courts have found the Fourteenth Amendment protects defendants from incarceration for unpaid debt under various circumstances:
In recent years, courts in Alabama have come under criticism for practices that resemble a return to debtorsâ prison in violation of the Fourteenth Amendment.
In recent years, Alabamans have been victims of schemes throughout the state to extort payment of criminal fines and court fees from poor defendants under threat of jail. Courts have routinely ignored the requirement in the law to examine whether the failure to pay a fine or court fee was âwillful,â of if the defendant simply did not have the resources to pay. Fortunately, there is momentum in the other direction:
McGuire & Associates is committed to ending the scourge of debtorsâ prison in Montgomery and throughout Alabama. Our civil rights division is prepared to advocate aggressively for victims of this inhumane and unconstitutional practice.
McGuire & Associates protects the constitutional rights of residents in Montgomery and throughout Alabama. To schedule a free consultation with a passionate civil rights lawyer, call us at 334-651-8891 or contact our Montgomery office online. Our office is located at 31 Clayton Street, convenient to I-85 and I-65.