Winchester Circuit Court, Virginia Filing Fees and Waivers

CRITICALCriminal cases

A non-incarcerated defendant approved for community service while on a payment plan must continue monthly payments in addition to community service hours.

If Community Service is approved for a person who is not incarcerated and on a payment plan, the defendant will still be required to make monthly payments in addition to Community Service hours.

CRITICALCriminal cases

The Social Security and Supplemental Security Income payment exemption does not cover restitution, which remains due as ordered by the Court.

Any restitution that has been ordered to pay is not included in this exemption of payment and is due as the Court has ordered.

CRITICALCriminal cases

Community service work cannot discharge restitution or the collection fee.

Restitution or the Collection Fee cannot be discharged through the performance of Community Service work.

CRITICALCriminal cases

Payments under an agreement must first satisfy restitution and associated collection costs, except when the stated victim-docketing conditions apply.

If the defendant owes court-ordered restitution and enters into a deferred or installment payment agreement, any moneys collected pursuant to such agreement shall be used first to satisfy such restitution order and any collection costs associated with restitution prior to being used to satisfy any other fine, forfeiture, penalty, or cost owed, unless an order for restitution is docketed in the name of the victim or it is ordered that an assignment of the judgment to the victim be docketed.

CRITICALCriminal cases

The court may require a down payment for a subsequent agreement, capped at 10% when fines and costs are $500 or less, or the greater of 5% or $50 when they exceed $500.

The court may require a down payment to enter into a subsequent payment agreement, provided that the down payment required to enter into a subsequent payment agreement shall not exceed (i) if the fines and costs owed are $500 or less, 10 percent of such amount or (ii) if the fines and costs owed are more than $500, five percent of such amount or $50, whichever is greater.

WARNINGCriminal cases

If a defendant does not enter an agreement or fails to make its required payments, the Tax Commissioner may pursue collection of fines, costs, forfeitures, and penalties under § 19.2-349.

The failure of the defendant to enter into a deferred payment or installment payment agreement with the court or the failure of the defendant to make payments as ordered by the agreement shall allow the Tax Commissioner to act in accordance with § 19.2-349 to collect all fines, costs, forfeitures, and penalties.

WARNINGCriminal cases

No down payment is required for an initial deferred or installment agreement, although the court may require one for a subsequent agreement and defendants may pay one voluntarily.

A defendant is not required to make a down payment upon entering a deferred, modified deferred, or installment payment agreement, other than a subsequent payment agreement, in which case the court may require a down payment (see below). Nothing in this section shall prevent a defendant from voluntarily making a down payment upon entering any payment agreement.

WARNINGCriminal cases

Individuals approved for community service to discharge fines and costs may also be required to make monthly payments based on their ability to pay.

Individuals approved to perform Community Service Work to discharge all or part of their fine and costs may be required to make a monthly payment based upon their ability to pay.

WARNINGCriminal cases

A defendant who notifies the Court that Social Security benefits or Supplemental Security Income are their sole financial resource need not pay until they have another resource or income.

If a defendant notifies the Court that his sole financial resource is a Social Security benefit or Supplemental Security Income, then the defendant is not required to pay until the defendant has another resource or income.

WARNINGCriminal cases

When deciding whether to approve a subsequent payment agreement, the court will consider changes in the defendant’s circumstances.

In determining whether to approve the request for a subsequent payment agreement, the court will consider any change in the defendant's circumstances.

INFOCriminal cases

A defendant who defaulted on a payment agreement may petition the court for a subsequent agreement.

A defendant who has defaulted on a payment agreement may petition the court for a subsequent payment agreement.

INFOCriminal cases

The account will not go to collections while the defendant’s sole income remains unchanged as described in the Social Security exemption.

As long as the sole income remains unchanged, the account will not go to collections.

INFOCriminal cases

Community service at approved locations may discharge fines and costs, but not restitution or the collection fee.

Community Service at approved locations in lieu of payments may be an option to discharge fines, and costs, but not restitution or the collection fee.

INFOCriminal cases

Defendants may earn community-service credits before, during, or after imprisonment to discharge all or part of an imposed fine or costs.

Pursuant to 19.2-354 (C), the Court has established a program that allows defendants upon whom a fine and costs have been imposed to discharge all or part of the fine or costs by earning credits for the performance of community service work before, during, or after imprisonment.

INFOCriminal cases

Eligible defendants may pay court-ordered fines, restitution, forfeitures, penalties, and costs in deferred payments or installments.

Any defendant convicted of a traffic infraction or a violation of any criminal law or found not innocent in the case of a juvenile, who is sentenced to pay a fine, restitution, forfeiture, or penalty may pay such fine, restitution, forfeiture, or penalty and any costs that the defendant may be required to pay in deferred payments or installments.

INFOCriminal cases

Community service work earns credit at $9.50 per hour.

Individuals will receive credit at the rate of $9.50 per hour for Community Service Work.