(a) If the defendant fails to pay the fine as directed, or is unable to pay the fine and so represents upon application to the court, the court, after inquiring into and making further investigation, if any, which it may deem necessary with regard to the defendant’s financial and family situation and the reasons for nonpayment of the fine, including whether the nonpayment was contumacious or was due to indigency, may enter any order that it could have entered under § 40-24-101, or may reduce the fine to an amount that the defendant is able to pay, or may direct that the defendant be imprisoned until the fine, or any portion of it, remaining unpaid or remaining undischarged after a pro rata credit for any time that may already have been served in lieu of payments, is paid. The court shall determine and specify, in the light of defendant’s situation and means and of defendant’s conduct with regard to the nonpayment of the fine, the period of any imprisonment in default of payment of the fine within the limits of the penalties for a Class C misdemeanor.
Attorney's Note
Under the Tennessee Code, punishments for crimes depend on the classification. In the case of this section:
| Class | Prison | Fine |
|---|
| class C misdemeanor | up to 30 days | up to $50 |
For details, see
Tenn. Code § 40-35-111
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Terms Used In Tennessee Code 40-24-104
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
