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State Citation Description/Statute Name Question Brief answer Language from the opinion When does the case apply?
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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
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probation is due to an indigent defendant's inability to pay court costs prior to the entry of the plea of guilty? Answer) No
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
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be 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.
Ability to pay
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Wisconsin 1995 WL 264119 (Wis.A.G.) Forfeitures What authority does the state supreme court have to impose binding state-wide rules on the imposition or collection of fees and fines? Unclear with regard to fines and fees, but uniformity regarding the recovery of forfeitures.
Section 799.01 provides in part: (b) Forfeitures. Actions to recover forfeitures except as a different procedure is prescribed in chs. 23, 66, 345 and 778, or elsewhere, and such different procedures
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shall apply equally to the state, a county or a municipality regardless of any limitation contained therein.
Revenue flow