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Below are the attorney general opinions that meet your search criteria.
3 Results
State | Citation | Description/Statute Name | Question | Brief answer | Language from the opinion | When does the case apply? | |
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Arkansas | Opinion No. 96-208 | Imprisonment for failure to pay - double jeopardy | Other applicable opinions |
No, it does not constitute double jeopardy to imprison a person for failure to pay a fine when the person has already had his probation revoked, and has served a + See moreterm of imprisonment, for failing to satisfy, as a condition of his probation, his obligation to pay the fine -- if the person is not indigent.
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"such a course of action is authorized by law and does not violate U.S. Const. amend. 5 or Ark. Const. art. 2, + See more § 8, the constitutional provisionsprohibiting the placing of a person in jeopardy more than once for the same offense."
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Enforcement |
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Arkansas | Opinion No. 2008-153 | district court discretion to refuse probation sentence |
Q2) Does a circuit or district court have discretion to refuse to sentence a defendant to probation pursuant to a plea agreement where the only stated reason for rejection of + See moreprobation is due to an indigent defendant's inability to pay court costs prior to the entry of the plea of guilty? Answer) No
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I believe a court's refusal to consider probation as a sentencing option purely because of a defendant's indigency -- which is what your question appears to contemplate -- might well + See morebe subject to challenge as a violation of the Equal Protection guarantees set forth in the Fourteenth Amendment to the United States Constitution and in article 2, §§ 2 and 3 of the Arkansas Constitution.
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Ability to pay | |
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Illinois | 1992 WL 469752 (Ill.A.G.); 1985 Ill. Atty. Gen. Op. 166 (Ill.A.G.), 1985 WL 68990; 1978 Ill. Atty. Gen. Op. 175 (Ill.A.G.), 1978 WL 17642 | Illinois-Attorney General opinion | What authority does the state supreme court have to impose binding state-wide rules on the imposition or collection of fees and fines? | Revenue flow |