Q In some districts Justice Court Judges are allowing innocent third parties to sign a pay agreement guaranteeing the payment of a criminalís fine. May the agreement provide that in the event of nonpayment of the fine the innocent third party could be taken to jail under a cash bond, which is the amount of the criminalís fine?

A No. The innocent third party could not be incarcerated or jailed for failure to pay the fine of the criminal defendant. The agreement of a third party to pay the criminal fine of another at most might give rise to civil action to collect the fine. (Attorney Generalís Opinion to Burton dated December 28, 2009)