Keyword search across all of the laws in the states. Subject-area tabs above allow you to narrow results. Click the advanced search for further refinement.
Every law can be saved to the Reform Builder
Below are the attorney general opinions that meet your search criteria.
5 Results
State | Citation | Description/Statute Name | Question | Brief answer | Language from the opinion | When does the case apply? | |
---|---|---|---|---|---|---|---|
Add to Dashboard
|
Nevada | 1987 Nev. Op. Att'y Gen. 29 (1987) | Execution of sentence and fine | Should ability to pay be considered when imposing fines or fees or only when collecting fines or fees? | court hearing must be held to determine a criminal defendant's ability to pay, before a criminal fine may be converted to an additional term of imprisonment. | under Nevada law a court hearing must be held to determine a criminal defendant's ability to pay, before a criminal fine may be converted to an additional term of imprisonment. | Ability to pay |
Add to Dashboard
|
Nevada | 1984 Nev. Op. Att'y Gen. 35 (1984) | Constitutional law - evidence-criminal procedure | Only nonindigent persons may be the subject of recoupment measures |
Where the legislature provides an express statutory system for recoupment of litigation costs from a convicted defendant the courts will generally enforce these provisions despite constitutional challenges. An implicit condition + See morefor the imposition of costs upon the convicted offender is that only nonindigent persons can be the subject of recoupment measures.
These statutes do not have a chilling effect on the exercise of other constitutional rights under the fifth and sixth amendments.
|
Ability to pay | |
Add to Dashboard
|
South Carolina | 1987 S.C. Op. Att'y Gen. 255 (1987) | Bearden | Should ability to pay be considered when imposing fines or fees or only when collecting fines or fees? | Not answered - however, cannot implement a surcharge if defendant fails to pay fee |
In the circumstances where an indigent fails to comply with the schedule of payments established by the court and the court determines that the indigent has wilfully refused to pay + See moreor failed to make bona fide efforts to pay, the court is authorized to imprison the defendant for contempt. As provided in Section 17–25–350, where part of the fine has been paid, the imprisonment cannot exceed the remaining pro rata portion of the sentence. I am unaware of any basis for a court to impose a fine in addition to the sentence originally imposed.
|
Ability to pay |
Add to Dashboard
|
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 moreprobation 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 morebe 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 | |
Add to Dashboard
|
Oklahoma | 1999 OK AG 58 | Open Records Act | Other applicable opinions |
1. The Oklahoma Open Records Act applies to criminal pleadings + See more 2. Courts and District Attorneys must provie "prompt reasonable access" 3. District Attorneys must maintain confidential records
|
¶15 It is, therefore, the Opinion of the Attorney General that: 1. The pleadings in a criminal case, particularly the information, are "records" within the meaning of the Oklahoma Open + See moreRecords Act, 51 O.S. 24A.3 (1998). A court clerk must make such pleadings available for public inspection and copying once the district attorney has filed the pleading with the court clerk, 51 O.S. 24A.5 (1998), unless the pleading has been sealed by a court or is protected by a privilege of confidentiality, such as the confidentiality of a grand jury indictment by 22 O.S. 385, until such time as the order of the court expires or is removed and until the grand jury indictment is made public pursuant to statutory provision. A district attorney may keep information contained within the district attorney's litigation files confidential and so not disclose an information or other pleadings. See 51 O.S. 24A.12 (1991).
2. A court clerk or district attorney has no authority to withhold public records from inspection and copying. Such officers must provide "prompt, reasonable access" to the public pursuant to 51 O.S. 24A.5 (1998). This generally may include only the time required to locate and compile such public records. Id.
3. A district attorney may keep confidential records contained in the litigation files of that office. Police departments are not required to provide public access to records of the police department except as provided in Section 51 O.S. 24A.8 of the Open Records Act or pursuant to court order. Neither a district attorney nor a police department must make available for public inspection and copying a record which includes a list of all charges contained in an information. See 51 O.S. 24A.2 - 51 O.S. 24A.8 and 51 O.S. 24A.12 (1998).
|
Transparency |