Too often, this is the case. The fine for a misdemeanor is typically about $1,000, which can be unmanageable for a low-income person. This comes on top of many other costs. The application fee a defendant must pay to hire a public defender (appointed because a person charged with a crime cannot afford to pay for an attorney) can be as high as $400. Jail booking fees range from $10 to $100. In some states, defendants can be made to pay fees upward of $200 for the juries who hear their cases. After conviction, victim’s panel classes, where some defendants are mandated to hear about victims’ experiences and loss, can cost up to $75. Drug courts can and often do make people pay for their own assessment, treatment and frequent drug testing.

This system shifts the costs of our criminal justice system to the people processed by the system. Juvenile, traffic, misdemeanor and felony courts all rely on monetary sanctions. Fines, court-user fees, surcharges, assessments, interest, collection and per-payment fees fund everything from local law enforcement departments to county jails. Even some municipal services not connected to law enforcement, like campaign elections, are paid for by fines and fees imposed on citizens convicted of — or simply accused of — breaking the law.

These people are paying for the system of justice from which we all benefit, but they cannot afford to do so. They are often poor, unemployed and of color. In research on monetary sanctions in nine states, my research team and I found that many people have trouble navigating the legal process associated with fines and fees, like finding out how much money they owe and meeting minimum payment requirements. Of the 380 people we interviewed, over half received public assistance and a vast majority had problems paying their legal debt. Many people with court debt suffered added consequences related to their indigence — like difficulty meeting other financial obligations, and mental and physical ailments. They also had to answer to the court for their nonpayment.

Fines for drug offenses, in particular, can have long-term consequences for people who are unable to pay. In many jurisdictions, if a person cannot pay a court-imposed fine, probation is lengthened, warrants are issued and he or she can even be jailed for nonpayment. The burden is piled on, as interest, surcharges and collection fees are added to unpaid court costs.

It doesn’t have to be this way. While prosecutors do not directly fine defendants, they have discretion when it comes to which fines and fees they recommend to judges. New prosecutors who are serious about making progressive changes should be aware that alternatives to incarceration like diversion programs and classes and treatment come at a cost — literally.