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Below are the attorney general opinions that meet your search criteria.
6 Results
State | Citation | Description/Statute Name | Question | Brief answer | Language from the opinion | When does the case apply? | |
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New York | 2004 N.Y. Op. Atty. Gen. No. 14 (N.Y.A.G.), 2004 WL 3007300 | New York-Attorney General opinion | What authority do county or municipal courts have to set fines or fees? |
A village may impose both civil and criminal penalties for violations of local zoning laws, although criminal penalties must be consistent with the designation and classification of offenses under the Penal Law. A + See morevillage may provide for increased penalties for subsequent convictions, but may not designate any such offense as a felony. The disgorgement of profits upon conviction of a zoning violation may be obtained through an alternate sentence under the Penal Law, or through enactment of a carefully crafted civil forfeiture law.
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"In sum, we conclude that the Village is authorized under its home rule powers to provide for both civil and criminal penalties for violation of local zoning laws, but that criminal penalties must + See morebe consistent with the designation and classification of offenses under the Penal Law. We further conclude that the Village may provide for increased penalties for subsequent convictions under its zoning code, but may not designate any such offense as a felony. Finally, we are of the opinion that disgorgement of profits upon conviction of a zoning violation may be obtained through the use of an alternate sentence as authorized by the Penal Law, or through enactment of a carefully crafted civil forfeiture law."
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Revenue flow |
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Illinois | Two opinions stating that there a prisoner must only reimburse the county for expenses incurred due to their incarceration if they have the ability to pay . | Illinois-Attorney General opinion | Who has the burden of proof in an ability to pay determination? What is the standard of proof required? | 1996 WL 67870 (Ill.A.G.);1981 WL 37190 (Ill.A.G.) | ||
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Illinois |
1997 Ill. Atty. Gen. Op. 027 (Ill.A.G.), 1997 WL 824988; 1984 Ill. Atty. Gen. Op. 72 (Ill.A.G.), 1984 WL 60051; 1992 WL 469747 (Ill.A.G.); 1985 Ill. Atty. Gen. Op. 126 + See more(Ill.A.G.), 1985 WL 68980
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Illinois-Attorney General opinion | What authority do county or municipal courts have to set fines or fees? | Fines and fees | ||
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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 | ||
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Montana | 49 Mont. Op. Att'y Gen. No. 18, 2002 WL 1009805 | Montana-Attorney General opinion | What authority do county or municipal courts have to set fines or fees? |
The Montana Constitution and Montana law authorize amunicipal court judge to release a defendant on a time-pay
bail bond, defined as a bond in an amount set by the judge
to be + See morepaid in installments.
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If the court finds some form of bail necessary, however, Mont. Code Ann. § 46-9-301, provides more specific factors for a court to consider. These factors include, among other matters + See morenot related to the safety of the victim and the community, that the amount shall be not oppressive, and that the amount shall be
considerate of the financial ability of the accused. Id., §§ 46-9-301(4) and (6). The time-pay bail bonds system comports with these requirements.The Montana Constitution and Montana law authorize a municipal court judge to release a defendant on a time-pay bail bond, defined as a bond in an amount set by the judge to be paid in installments.
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Ability to pay |
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Montana | 41 Mont. Op. Att'y Gen. No. 59 | Montana-Attorney General opinion | Other applicable opinions | Cash bail for minor offenses may be increased to include applicable surcharges |
In order to collect the additional $10 charge required by section 46-18-236, MCA, a court may exercise its power under section 46-9-302, MCA, and increase the bail schedule for minor + See moreoffenses in a like amount.
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Enforcement |