Keyword search across all of the laws in the states. Subject-area tabs above allow you to narrow results. Click the advanced search for further refinement.
Every law can be saved to the Reform Builder
Below are the attorney general opinions that meet your search criteria.
8 Results
State | Citation | Description/Statute Name | Question | Brief answer | Language from the opinion | When does the case apply? | |
---|---|---|---|---|---|---|---|
Add to Dashboard
|
Delaware | Del. Op. Atty. Gen. 97-IB04 (Del.A.G.), 1997 WL 111291 | Town's authority to establish a mail-in center for collecting fines and fees for motor vehicle violations. | Other applicable opinions |
Under State law, for the Town to operate a voluntary assessment system, summonses issued by the Town police must be returnable to the Mayor's Court. Only the ?Courts of the + See moreJustices of the Peace may establish a mail-in fine center, ... in which case the summons may be made returnable to the applicable mail-in fine center.? 21 Del. C. Section 709(a) The statute does not authorize a municipality to establish a mail-in fine center for payment of fines for motor vehicle offenses which occur within the town.
Nor can a town avail itself of the voluntary assessment procedure unless it has an Alderman's or Mayor's Court that is ?duly established.? 21 Del. C. Section 703(d). Stated differently, there must be an actual court, to which payments for motor vehicle offenses can be remitted ?to dispose of the charge without the necessity of personally appearing in the court to which the summons is returnable.? Id. Section 709(a).
In conclusion, the Town of Elsmere is not an entity designated by statute to receive criminal history information from DELJIS. It may only operate a voluntary assessment system through a duly established Alderman's or Mayor's Court. In the absence of such a court, it may not charge, impose or collect ?court costs? or any similar fee from persons charged with motor vehicle violations within its boundaries.
|
Enforcement | |
Add to Dashboard
|
Delaware | Del. Op. Atty. Gen. 93-I004 (Del.A.G.), 1993 WL 594345 | Department of Correction's ability to assess a supervision fee on offenders and determine ability to pay | Other applicable opinions |
The Department, subject only to powers vested in the judicial and certain executive departments and officers of the State, shall have the duties set forth in this chapter and the + See moreexclusive jurisdiction over the care, charge, custody, control, management, administration and supervision of:
(14) Collecting as a condition of supervision, a fee based on the Accountability Level of the offender. An offender sentenced to an Accountability Level I sanction shall be charged a $10 monthly fee; an offender sentenced to an Accountability Level II sanction shall be charged a $20 monthly fee; and an offender sentenced to an Accountability Level III sanction shall be charged a $25 monthly fee.
The Director of Community Services shall develop policies and procedures with regard to determining an offender's ability to pay the monthly fee. Such policies and procedures shall be applied on a consistent basis to all offenders, and shall be subject to approval by the Commissioner of Correction. In the event the Department determines an offender is unable to pay the monthly fee due to lack of employment or other significant extenuating circumstances, such as an offender's responsibility to remit payment for victim compensation, restitution or child support, said inability shall not constitute a violation of supervision. The offender shall remain liable to pay the fee at such time as the Department determines he or she is able to do so. (Emphasis Supplied)
For the reasons outlined below, we conclude that the Department is permitted to assess a supervision fee on offenders sentenced prior to the effective date of 11 Del.C. Sec. 6504(14).
|
Ability to pay | |
Add to Dashboard
|
West Virginia | W. Va. Code §48-1-304 | W.V. Code |
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?
|
In the case of a charge of contempt based upon the failure of the defendant to pay alimony, child support or separate maintenance, if the court or jury finds that + See morethe defendant did not pay because he was financially unable to pay, the defendant may not be imprisoned on charges of contempt of court.
|
||
Add to Dashboard
|
West Virginia |
(1) State v. Stamm, 222 W. Va. 276, 278, 664 S.E.2d 161, 163 (2008)
(2) State ex rel. Zirkle v. Fox, 203 W. Va. 668, 669, 510 S.E.2d 502, 503 (1998)
(3) + See moreW. Va. Code Ann. § 61-11A-5
|
Case Law / W.V. Code | Who has the burden of proof in an ability to pay determination? What is the standard of proof required? |
(1) In criminal failure to meet obligation to minor (W. Va. Code § 61-5-29), the State has the burden of proof and the standard is beyond a reasonable doubt. (2)However, + See morein civil contempt cases, if contemnor alleges financial inability to pay, he bears the burden of proving such inability to comply with a court mandate in order to avoid imprisonment. (3)Finally, in restitution determinations, the burden is on the defendant and the standard is a preponderance of the evidence.
|
Where a contemnor alleges financial inability to pay in a civil contempt proceeding, he bears the burden of proving such inability to comply with a court mandate in order to + See moreavoid imprisonment.
|
Ability to pay |
Add to Dashboard
|
West Virginia | (1)State v. Murrell, 201 W.Va. 648, 499 S.E.2d 870 (1997)(2) W. Va. Code §50-3-2. | Case Law | Should ability to pay be considered when imposing fines or fees or only when collecting fines or fees? |
No. Ability to pay does not have to be considered when imposing fines or fees; certain fines and fees are required by law to be imposed (see, e.g., W. Va. + See moreCode §50-3-2.)
|
“An individual is not excused from the imposition of the maximum sentence allowed under a statute simply because he is indigent, even if that sentence includes the imposition of fines + See morepursuant to statute.”
|
Ability to pay |
Add to Dashboard
|
West Virginia | W. Va. Code §8-10-1, 2; W. Va. Code § 62-4-16. | W.V. Code | What authority do county or municipal courts have to set fines or fees? |
Municipal courts have power to impose fines, penalties and cost when not otherwise provided by charter provision or general law. However, municipal judges may substitute community service in lieu of + See moresentence of incarceration or imposition of fine.
|
Fines and fees | |
Add to Dashboard
|
West Virginia | W. Va. Const. art. VIII, § 3 | State Constitution | What authority does the state supreme court have to impose binding state-wide rules on the imposition or collection of fees and fines? | West Virginia's Constitution allows the Court of Appeals to impose binding state-wide rules. No on point Attorney General Opinion. |
“The court shall have power to promulgate rules for all cases and proceedings, civil and criminal, for all of the courts of the State relating to writs, warrants, process, practice + See moreand procedure, which shall have the force and effect of law.”
|
Enforcement |
Add to Dashboard
|
West Virginia | W. Va. Code § 7-8-14(c) | W.V. Code | Other applicable opinions |
“A defendant who has been sentenced to pay costs and who is not in willful default in the payment of the costs may at any time petition the sentencing court + See morefor remission of the payment of costs or of any unpaid portion of the costs. If it appears to the satisfaction of the court that payment of the amount due will impose manifest hardship on the defendant or the defendant's family or dependents, the court may excuse payment of all or part of the amount due in costs, or modify the method of payment.”
|