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Below are the attorney general opinions that meet your search criteria.
7 Results
State | Citation | Description/Statute Name | Question | Brief answer | Language from the opinion | When does the case apply? | |
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Texas |
Tex. Att'y Gen Opinion Op. No. JM-10 (1983),"""Inability to pay fees is an affirmative defense to the failure to pay them.""",ability to pay,,transparencyShould ability to pay be considered when imposing + See morefines or fees or only when collecting fines or fees?,,,,,,fines
What authority do county or municipal courts have to set fines or fees?,Municipal courts have authority to sets fines and fees so long as they do not exceed the maximum fine or fee permitted by the relevant statute. ,Tex. Att'y Gen. Op. GA-0593 (2008)
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court may impose . . . an increase in the defendant's fine, up to a total fine that does not exceed the maximum fine for the offense for which the + See moredefendant was sentenced
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Who has the burden of proof in an ability to pay determination? What is the standard of proof required? | Burden of proof is on the defendant by preponderance of the evidence. But see Rusk v. State, 440 S.W.3d 694, 702 (Tex. App. 2013) | fines and fees | |
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North Carolina | N.C.A.G. Mar. 21, 1996 | RE: Advisory Opinion; Exceptions to Statutory Exemptions for Execution of Judgment on Criminal Restitution Orders | Other applicable opinions | North Carolina is not barred from structuring a program to collect costs; however, the state's initiatives, must be narrowly drawn so as to avoid chilling the indigent's right to counsel |
North Carolina [is not] barred from structuring a program to collect the amount it is owed from a financially-able defendant through reasonable and fairly administered procedures. The state's initiatives in + See morethis area naturally must be narrowly drawn to avoid either chilling the indigent's exercise of the right to counsel, or creating discriminating terms of repayment based solely on the defendant's poverty. Beyond these threshold requirements, however, the State has wide latitude to shape its attorneys fees recoupment or restitution program along the lines it deems most appropriate for achieving lawful state objectives. Id. at 123-124. (emphasis added.)
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North Carolina | N.C.A.G. June 10, 1980 | Criminal Law and Procedure; Sentences; Probation; Restitution; Bankruptcy Proceedings | Person who received illegal gains as a part of criminal activity may not discharge legal financial obligations in bankruptcy |
It would thus be against our statute and public policy to permit a defendant who has received illegal gains and who was ordered to make restitution as a condition of + See morehis sentence to vacate such conditions by a discharge in bankruptcy." People v. Mosesson, 356 N.Y.S. 2d 483, 484-85, (1974). See also: People on Inf. of Anerbach v. Topping Bros., 359 N.Y.S. 2d 985 (1974).
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Texas |
Tex. Att'y Gen. Op. JM-176 (1984),"""Proceedings in contempt cases should proceed as near as practical to criminal cases.""",ability to pay,,enforcementDoes allowing different municipalities to set their own indigency standards or + See morefines/fees violate the equal protection afforded by the state’s constitution? ,"Possibly. In Texas, a law that fixes a greater punishment in one county than another is violative of Equal Protection, so a law allowing for different levels of protection or different penalty fines may also violate Equal Protection. ",Tex. Att'y Gen. Op. DM-123 (1992); Tex. Att'y Gen. Op. JM-1120 (1989),"""costs imposed in misdemeanor cases involving state criminal statutes must be uniform statewide . . . a law that fixes a greater punishment in one county than in other counties for the violation of a state law cannot be upheld and is in contravention of constitutional inhibitions, both State and Federal""; ""Assessment of a minimum $50 fine in every Class C misdemeanor hot check case in order to defray the cost of an additional employee would result in the penalty for a state defined crime to be different in Jim Wells County than it is in other counties and would violate both due process and equal protection constitutional rights.""",fines and fees,,ability to pay
Which fines and/or fees may be collected by a private vendor? ,Any fines or fees ordered to be paid by a court,Tex. Att'y Gen. Op. JC-0516 (2002)
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The debts that may be collected [are] those which have been ordered to be paid by a court. |
Are the same procedural protections that are required in criminal proceedings required in civil collection/contempt proceedings arising from criminal justice debt when those proceedings may result in incarceration? What if + See morethe proceedings may only result in additional fines or non-incarceration penalties?
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Contempt case require the same or as near as practicable due process protections as criminal cases. | revenue flow | |
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Texas | Tex. Att'y Gen. Op. JC-0516 (2002) | "The debts that may be collected [are] those which have been ordered to be paid by a court." | Which fines and/or fees may be collected by a private vendor? | Any fines or fees ordered to be paid by a court | revenue flow | |
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Texas | Tex. Att'y Gen Opinion Op. No. JM-10 (1983) | "Inability to pay fees is an affirmative defense to the failure to pay them." | Who has the burden of proof in an ability to pay determination? What is the standard of proof required? | Burden of proof is on the defendant by preponderance of the evidence. But see Rusk v. State, 440 S.W.3d 694, 702 (Tex. App. 2013) | ability to pay | |
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Rhode Island | R.I.A.G. Op. No. 92-01-02 (Jan. 23, 1992) | Rhode Island-Attorney General opinion | What authority do county or municipal courts have to set fines or fees? | They are limited by state statutes |
Accordingly, it is my opinion that sheriffs, deputy sheriffs, town sheriffs and constables are required to charge the statutory rates set forth in the amendment. There is no provision allowing + See morethese individuals to charge either a lesser or greater rate. See also, R.I.Gen.Laws § 45164.3 which requires constables to serve or execute all writs and process ... at such fees as authorized to sheriffs and deputy sheriffs.
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Fines and fees |