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|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|
|Pennsylvania||10 Pa. D. & C. 390, 392 (1927)||Pennsylvania-Attorney General opinion||What authority do county or municipal courts have to set fines or fees?||Counties and cities may pass ordinances regulating traffic and may provide financial penalties||
It is, therefore, the opinion of this department that cities, boroughs, incorporated towns and townships may lawfully pass ordinances providing for the regulation of traffic by means of traffic officers,+ See more
semaphores, traffic-control lights or other signaling devices on any portion of the highways within their proper jurisdiction where traffic is heavy or continuous. In such cases, the municipal law-making bodies are to be the judges as to where such traffic policemen, semaphores or other signaling devices or traffic control lights shall be maintained. In addition, such municipalities may regulate or prohibit parking or prohibit other than one-way traffic upon certain highways within their respective jurisdiction, and they may regulate the use of highways by processions or assemblages. In such ordinances, the penalties provided may be a fine of not more than fifty ($50) dollars, to be collected by summary conviction in the manner provided by section 1216 of the act. Such fines belong to the municipality for the construction, repair and maintenance of the highways thereof.
|Fines and fees|
|Pennsylvania||14 Pa. D. & C. 205, 207 (1930)||Pennsylvania-Attorney General opinion||Other applicable opinions||
1. In Philadelphia, if fines or penalties are collected by magistrates, your department does not have either the power or the duty to demand that they be turned over to you for+ See more
payment into the State Treasury. Such fines and penalties are clearly payable to the County of Philadelphia. However, we desire to point out, parenthetically, that magistrates may collect fines and penalties only if and when the legislature has expressly given them jurisdiction to do so. Otherwise, they can merely hold the defendants for trial in the Quarter Sessions or other criminal courts of record. 2. On the other hand, fines and penalties collected by the courts of record in Philadelphia are payable into the State Treasury through your department, if there is legislation distinctly providing that the fines shall be paid into the State Treasury. 3. Outside of Philadelphia, your department has authority to collect for payment into the State Treasury any fines or penalties, whether imposed by courts of record or courts not of record, in all cases in which the legislature has provided that such fines and penalties shall be paid into the State Treasury. However, in the absence of specific direction to this effect, the fines and penalties are payable into the respective county treasuries, if they were collected by the criminal as distinguished from the civil courts. 4. In all cases in which fines and penalties are collected by administrative agencies of the state government without any specific direction by the legislature as to the disposition to be made of the moneys collected, it is the duty of your department to collect the amounts of the fines and penalties and pay them into the State Treasury. 5. Whenever penalties are imposed by law and the collection thereof is committed to either the Department of Justice or any other administrative agency of the state government and such penalties are collected by civil suit, the amounts recovered are payable into the State Treasury, whether or not the act imposing the penalties specifically so provides. There is neither constitutional nor statutory provision to the contrary, and the rule which prevails in the absence of specific direction to the contrary is that moneys collected by a state department, with or without the aid of the civil courts, is payable into the State Treasury.
|Fines and fees|