If a complaining party drops misdemeanor charges in a Mississippi justice court, who pays the drop-charge fee and the court costs?

Plain-English summary

A Yalobusha County justice court judge asked the Mississippi Attorney General how to reconcile two fee statutes that both seem to apply when someone wants to drop a misdemeanor charge they filed in justice court. The AG's answer: both statutes apply, and they cover different things.

Under Miss. Code Ann. § 25-7-25(2), a justice court can impose a fee of up to $50 when any criminal affidavit, complaint, or charge is expunged or dismissed. Under Miss. Code Ann. § 99-15-51, in petty misdemeanor cases, the court can also require payment of court costs when the injured party tells the court they're satisfied and the prosecutor moves to dismiss. Neither statute says which party (the complainant or the defendant) has to write the check, so the court has discretion.

What this means for you

If you are a justice court judge

You have two distinct authorities and they don't conflict. When someone walks in asking to drop a misdemeanor charge, you can:

• Impose a fee of up to $50 under § 25-7-25(2) for the dismissal or expungement itself.
• In a petty misdemeanor case, additionally require court costs under § 99-15-51, but only if the injured party appears and tells the court they have received satisfaction and the prosecuting attorney moves to dismiss.

Neither statute dictates who pays. A 2008 AG opinion (Branch) suggested the § 25-7-25(2) fee can be collected from the person who filed the affidavit. The 1998 Pacific opinion noted that § 99-15-51 court costs can be assessed against the defendant. You have discretion within those statutory ranges.

If you are a prosecutor or defense attorney handling a justice court misdemeanor

Talk to the judge about both statutes before any drop-charge hearing. The complainant who filed the affidavit may face a fee up to $50, and the defendant may face court costs in a petty misdemeanor. Build the expected costs into any plea or dismissal negotiation, since the court has discretion about who pays and the wrong assumption can blow up a deal.

If you are a private citizen who filed a misdemeanor affidavit and now wants to drop it

The court can charge you a fee of up to $50 to dismiss the charge. In a petty misdemeanor, the court may also require someone (potentially you, potentially the defendant) to pay court costs before dismissing the case. Ask the clerk for the specific amount before you decide whether to follow through with dropping the charge.

If you are the misdemeanor defendant

If the complainant moves to drop the case, you are not automatically free of cost. In a petty misdemeanor handled under § 99-15-51, the court can require court costs as part of the dismissal. Before you agree to anything, ask whether dismissal will leave you owing money to the court.

Common questions

Q: How much is the "drop-charge fee" in Mississippi justice court?
A: Up to $50, set by § 25-7-25(2). The statute caps the fee but does not require any particular amount, so the actual figure is up to the court.

Q: Does the fee apply only when charges are dropped, or also after a trial dismissal?
A: § 25-7-25(2) applies to "expungement or dismissal of any criminal affidavit, complaint or charge." That language is broad enough to cover dismissals at various stages, not just affidavits voluntarily withdrawn by the complainant.

Q: Who has to pay, the complainant or the defendant?
A: Neither statute says. The court decides based on the circumstances. The Mississippi AG's prior opinions suggest the § 25-7-25(2) fee tends to fall on the person who filed the charge, while § 99-15-51 court costs in petty misdemeanors tend to fall on the defendant. Both are discretionary.

Q: What is a "petty misdemeanor" under § 99-15-51?
A: § 99-15-51 itself uses the term "petty misdemeanors" without defining it. In practice, this covers minor offenses like simple assaults, breach of peace, and similar low-level charges where the injured party can effectively waive prosecution by appearing and acknowledging satisfaction.

Q: Can the court charge the fee twice if a complainant filed multiple charges and drops them all?
A: § 25-7-25(2) speaks to a fee for "an expungement or dismissal of any criminal affidavit, complaint or charge." The opinion does not address multi-charge scenarios directly, but the statute reads in the singular. If you face this situation, ask the court to make a record of how the fee is calculated.

Q: Does an old AG opinion from before 2005 still apply?
A: The opinion notes that subsection (2) of § 25-7-25 was added by amendment in 2005, so AG opinions issued before then on the drop-charge fee question may not be applicable.

Background and statutory framework

Mississippi justice courts handle misdemeanors and small civil cases. When someone files a criminal affidavit (essentially, a sworn complaint) charging another person with a misdemeanor, the case goes onto the justice court's docket. If the complainant later changes their mind, the court has to dispose of the case somehow, and that disposition costs administrative time.

The Legislature added subsection (2) to § 25-7-25 in 2005 to authorize a fee of up to $50 for "an expungement or dismissal of any criminal affidavit, complaint or charge." The fee compensates the justice court for the work of processing the dismissal. § 99-15-51 is older and operates in a different mode: it is a statutory mechanism for a "party injured" to appear, acknowledge satisfaction, and have the prosecuting attorney move to dismiss a petty misdemeanor. When that happens, the court can require court costs as a condition of dismissing.

Because both statutes are silent about who pays, justice courts retain discretion. The AG's office has been consistent in declining to extend either statute beyond its text and in pointing courts back to the language of the statute and to prior AG opinions on the same question.

Citations and references

Statutes:
- Miss. Code Ann. § 25-7-25(2) (justice court fee for expungement or dismissal of any criminal affidavit, complaint or charge, up to $50)
- Miss. Code Ann. § 99-15-51 (dismissal of petty misdemeanor on motion of prosecuting attorney where injured party acknowledges satisfaction; court may require payment of court costs)

Prior AG opinions referenced:
- MS AG Op., Branch (Sept. 19, 2008): § 25-7-25(2) authorizes the justice court to collect a fee not exceeding $50 from the individual filing the affidavit or bringing the charge when that individual drops the charges.
- MS AG Op., Pacific (Nov. 25, 1998): § 99-15-51 authorizes a judge to require the defendant to pay court costs in a petty misdemeanor case dismissed at the request of the "party injured" on a motion of the prosecuting attorney.

Source

• Landing page: https://attorneygenerallynnfitch.com/divisions/opinions-and-policy/recent-opinions/
• Original PDF: https://attorneygenerallynnfitch.com/wp-content/uploads/2023/08/T.Howell-July-20-2023-Fees-and-Court-Costs-When-Charges-Dropped-in-Justice-Court.pdf

Original opinion text

July 20, 2023

The Honorable Trent L. Howell
Justice Court Judge, Yalobusha County
Post Office Box 947
Water Valley, Mississippi 38965

Re: Fees and Court Costs When Charges Dropped in Justice Court

Dear Judge Howell:

The Office of the Attorney General has received your request for an official opinion.

Question Presented

When it comes to what fee may be charged when a complaining party wants to drop misdemeanor charges he has filed against a defendant in justice court, how does one reconcile Mississippi Code Annotated Section 25-7-25(2) and Section 99-15-51 as they relate to a "drop charge fee" and/or court costs, and who should pay?

Brief Response

Upon expungement or dismissal of any criminal affidavit, complaint, or charge in justice court, the justice court may impose a fee not exceeding $50.00 pursuant to Section 25-7-25(2). Additionally, in the case of a petty misdemeanor, justice courts may require payment of court costs when proceedings are dismissed pursuant to Section 99-15-51. Neither statute dictates who should pay.

Applicable Law and Discussion

Section 25-7-25(2) states, "[t]he justice court shall have the power to impose a fee not to exceed Fifty Dollars ($50.00) for an expungement or dismissal of any criminal affidavit, complaint or charge."[^1] We have previously said that this provision authorizes the justice court, "to collect a fee not exceeding $50.00 from the individual filing the affidavit or bringing the charge," when that individual drops such charges. MS AG Op., Branch at *1 (Sept. 19, 2008). We note, however, that Section 25-7-25(2) does not specify the party against whom the fee must be assessed.

In addition to the fee authorized by Section 25-7-25(2), justice courts may require a payment of court costs when proceedings are dismissed pursuant to Section 99-15-51, which provides:

In prosecutions for petty misdemeanors, if the party injured appear before the court where the same shall be pending and acknowledge to have received satisfaction, on motion of the prosecuting attorney the court, if it shall adjudge that the ends of justice will be conserved thereby, may discharge the defendant and dismiss the proceedings and may require the payment of court costs.

This office has previously stated that Section 99-15-51 authorizes a judge to require the defendant to pay court costs for a petty misdemeanor case that is dismissed at the request of the "party injured" on a motion of the prosecuting attorney. MS AG Op., Pacific at *1 (Nov. 25, 1998). However, like Section 25-7-25(2), Section 99-15-51 does not dictate the party responsible for court costs.

If this office may be of any further assistance to you, please do not hesitate to contact us.

Sincerely,

LYNN FITCH, ATTORNEY GENERAL

By: /s/ Abigail C. Overby
Abigail C. Overby
Special Assistant Attorney General

[^1]: Subsection (2) of Section 25-7-25 was added by amendment in 2005, so any opinions issued before then may not be applicable.