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Below are the attorney general opinions that meet your search criteria.
|State||Citation||Description/Statute Name||Question||Brief answer||Language from the opinion||When does the case apply?|
|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."
|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|
|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+ See more
shall apply equally to the state, a county or a municipality regardless of any limitation contained therein.