Below are the attorney general opinions that meet your search criteria.

3 Results

Export results to Excel

State Citation Description/Statute Name Question Brief answer Language from the opinion When does the case apply?
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Virginia 2000 Va. Op. Att'y. Gen. (2000) Costs and fines dischargeable in bankruptcy Other applicable opinions
"Criminal costs, which may or may not be contingent upon sentence but are associated with conviction, and traffic fines are nondischargeable in Chapter 7 bankruptcy proceedings. Debt for restitution or
+ See more
criminal fine included in criminal sentence is nondischargeable in Chapter 13 bankruptcy; criminal fines not contingent upon sentence, traffic fines arising from traffic infractions, and civil traffic fines are dischargeable in Chapter 13 bankruptcies."
Enforcement
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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 more
term of imprisonment, for failing to satisfy, as a condition of his probation, his obligation to pay the fine -- if the person is not indigent.
"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."
Enforcement
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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 more
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
+ See more
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