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Below are the attorney general opinions that meet your search criteria.
4 Results
State | Citation | Description/Statute Name | Question | Brief answer | Language from the opinion | When does the case apply? | |
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Indiana | 2003 Ind. Op. Att'y Gen. No. 2 (Jan. 31, 2003) | RE: Local Ordinances and State Laws | What authority do county or municipal courts have to set fines or fees? | Cities and towns may not enact local ordinances similar to state laws in order to generate revenue |
The Home Rule Act expressly prohibits local units of government from adopting local ordinances which assign a penalty for an act that constitutes a crime or infraction under state statute. + See moreA state statute must be evaluated to determine if the statute deals comprehensively with a subject matter; local ordinances might not be preempted if a state statute does not deal comprehensively with a subject matter and there is room for supplemental local regulation. However, a city or town may not enact a local ordinance where there is an existing state statute dealing comprehensively with the subject matter and local law is considered preempted by state law.
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Indiana | 2010 Ind. Op. Att'y Gen. No. 1 (May 12, 2010) | Re: Civil Forfeitures and the Common School Fund | Other applicable opinions | Civil forfeitures are not committed to the common school funds like criminal fines and fees under the state constitution |
It is our opinion that Article 8, § 2 of the state constitution does not apply to forfeiture actions brought under Ind. Code ch. 34-24-1. Article 8 of the Indiana + See moreConstitution provides for the funding of the common school fund, part of which is derived “from the fines assessed for breaches of the penal laws of the State; and from all forfeitures which may accrue.” Art. 8, § 2. A proceeding under Indiana's forfeiture law is civil in nature, and it is only fines and forfeitures from criminal proceedings that must be paid into the common school fund.
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Revenue flow |
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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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