If you decide to have a jury trial, as is your right, the court does assess “costs” to defendants who are convicted beyond normal court costs. Those costs could be intimidating, but they are both known and limited.

First, if you are aquitted, you won’t pay for the jury costs.

Second, a judge may only bill costs against a convicted defendant if there is a law that gives the judge authority to do so. See, e.g., State v. Mitts, 687 S.W.3d 216 (Mo. App. S.D. 2024) (holding it is plain error to assess jury costs without explaining how the figure was calculated under the controlling statutory framework); see also, State v. Bertrand, 636 S.W.3d 181 (Mo. App. E.D. 2020)

1. The scope of statutorily authorized jury costs. Under RSMo 494.455 costs are limited to $6/per diem and travel.
   • A juror is paid $0.70 for every mile they travel from their home to court. So, a juror living 1 mile from court will get $1.40 for travel, while a juror lives in Valles Mines / French Village would be paid about $35.00 for travel.
2. The jury pool exclusion. When there is a jury trial, the court clerk will send out large number of “jury notices” (e.g., 50). This will allow the selection of 12 hopefully impartial jurors and 2 alternates. State law does not allow the judge to make a convicted defendant pay for costs for all of these people. The only “jury costs” a convicted defendant will have to pay are for the 12 jurors and 2 alternates selected. See Bertrand and State v. Poe, 724 S.W.3d 841 (Mo. App. S.D., 2025) (holding convicted defendants can only be assessed the actual fees paid to the empaneled jurors and alternates). 

Jury Cost Range from $100 to $574/day. Jury costs can’t be known for certain given we don’t know where all 14 jurors will live. But if they all live 1 mile from court, jury cost will be $103.60/day of trial (i.e., $6/per diem and $1.40 travel = $7.40 x 14 = $103.60/day); and if they all live in Valles Mines / French Village, jury cost will be $574.00/day of trial (i.e., $6/per diem and $35.00 travel = $41.00 x 14 = $574.00/day).

Court can waive court costs if defendant can prove they can’t pay. In addition to the fact an acquitted defendant won’t pay jury costs, the legislature has created a statutory framework that accounts for a convicted criminal defendant who is genuinely insolvent or unable to pay costs. And while it is true that after a jury trial a convicted defendant “must present evidence – testimonial, by affidavit, or otherwise – to establish that she is unable to pay the court costs.” Bertrand, 636 S.W.3d at 193 (citing State v. Savage, No. WD82413, 609 S.W.3d 71, 90–91 (Mo. App. W.D. Sept. 29, 2020)), a trial judge cannot condition a pre-trial defendant’s access to a jury on their ability to pay or require that such “evidence – testimonial, by affidavit, or otherwise” be presented before allowing the defendant to have the jury trial.