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4 Results
State | Citation | Description/Statute Name | Question | Brief answer | Language from the opinion | When does the case apply? | |
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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 moreterm of imprisonment, for failing to satisfy, as a condition of his probation, his obligation to pay the fine -- if the person is not indigent.
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"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."
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Enforcement |
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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 + 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
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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.
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Ability to pay | |
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Delaware | Del. Op. Atty. Gen. 97-IB04 (Del.A.G.), 1997 WL 111291 | Town's authority to establish a mail-in center for collecting fines and fees for motor vehicle violations. | Other applicable opinions |
Under State law, for the Town to operate a voluntary assessment system, summonses issued by the Town police must be returnable to the Mayor's Court. Only the ?Courts of the + See moreJustices of the Peace may establish a mail-in fine center, ... in which case the summons may be made returnable to the applicable mail-in fine center.? 21 Del. C. Section 709(a) The statute does not authorize a municipality to establish a mail-in fine center for payment of fines for motor vehicle offenses which occur within the town.
Nor can a town avail itself of the voluntary assessment procedure unless it has an Alderman's or Mayor's Court that is ?duly established.? 21 Del. C. Section 703(d). Stated differently, there must be an actual court, to which payments for motor vehicle offenses can be remitted ?to dispose of the charge without the necessity of personally appearing in the court to which the summons is returnable.? Id. Section 709(a).
In conclusion, the Town of Elsmere is not an entity designated by statute to receive criminal history information from DELJIS. It may only operate a voluntary assessment system through a duly established Alderman's or Mayor's Court. In the absence of such a court, it may not charge, impose or collect ?court costs? or any similar fee from persons charged with motor vehicle violations within its boundaries.
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Enforcement | |
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Delaware | Del. Op. Atty. Gen. 93-I004 (Del.A.G.), 1993 WL 594345 | Department of Correction's ability to assess a supervision fee on offenders and determine ability to pay | Other applicable opinions |
The Department, subject only to powers vested in the judicial and certain executive departments and officers of the State, shall have the duties set forth in this chapter and the + See moreexclusive jurisdiction over the care, charge, custody, control, management, administration and supervision of:
(14) Collecting as a condition of supervision, a fee based on the Accountability Level of the offender. An offender sentenced to an Accountability Level I sanction shall be charged a $10 monthly fee; an offender sentenced to an Accountability Level II sanction shall be charged a $20 monthly fee; and an offender sentenced to an Accountability Level III sanction shall be charged a $25 monthly fee.
The Director of Community Services shall develop policies and procedures with regard to determining an offender's ability to pay the monthly fee. Such policies and procedures shall be applied on a consistent basis to all offenders, and shall be subject to approval by the Commissioner of Correction. In the event the Department determines an offender is unable to pay the monthly fee due to lack of employment or other significant extenuating circumstances, such as an offender's responsibility to remit payment for victim compensation, restitution or child support, said inability shall not constitute a violation of supervision. The offender shall remain liable to pay the fee at such time as the Department determines he or she is able to do so. (Emphasis Supplied)
For the reasons outlined below, we conclude that the Department is permitted to assess a supervision fee on offenders sentenced prior to the effective date of 11 Del.C. Sec. 6504(14).
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Ability to pay |