Clerk Certification Level 1 Practice Exam

Under which circumstances may the judge waive the fine and costs?

A judge may waive the fine and costs when the defendant receives a deferral and completes a teen court program A judge may waive the fine and costs if the defendant defaults in payment of fine and is indigent or was a child at the time of the offense, and performing community service would be a hardship A judge may waive the fine and costs when the defendant defaults in payment of fine, is indigent or was a child at the time of the offense, and performing community service would be a hardship, or when the defendant receives a deferral and completes a teen court program A judge may waive the fine and costs under any circumstance at the judge's discretion

Correct Answer:

A judge may waive the fine and costs when the defendant defaults in payment of fine, is indigent or was a child at the time of the offense, and performing community service would be a hardship, or when the defendant receives a deferral and completes a teen court program

Explanation:

Fines and costs can be waived in teen/juvenile court when there are specific circumstances showing either an inability to pay or successful completion of a diversion path. The judge may waive if the defendant defaults on payment and is indigent or was a child at the time of the offense, and paying would make performing community service a hardship. There’s also a pathway where the defendant receives a deferral and completes a teen court program, after which the fines and costs can be waived. These two routes show the permissible ways a judge can grant a waiver without granting it in every situation. The other choices are incomplete because they cover only one pathway each or imply unconditional discretion.

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