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Below are the attorney general opinions that meet your search criteria.
7 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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Illinois | Two opinions stating that there a prisoner must only reimburse the county for expenses incurred due to their incarceration if they have the ability to pay . | Illinois-Attorney General opinion | Who has the burden of proof in an ability to pay determination? What is the standard of proof required? | 1996 WL 67870 (Ill.A.G.);1981 WL 37190 (Ill.A.G.) | ||
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Illinois |
1997 Ill. Atty. Gen. Op. 027 (Ill.A.G.), 1997 WL 824988; 1984 Ill. Atty. Gen. Op. 72 (Ill.A.G.), 1984 WL 60051; 1992 WL 469747 (Ill.A.G.); 1985 Ill. Atty. Gen. Op. 126 + See more(Ill.A.G.), 1985 WL 68980
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Illinois-Attorney General opinion | What authority do county or municipal courts have to set fines or fees? | Fines and fees | ||
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Illinois | 1992 WL 469752 (Ill.A.G.); 1985 Ill. Atty. Gen. Op. 166 (Ill.A.G.), 1985 WL 68990; 1978 Ill. Atty. Gen. Op. 175 (Ill.A.G.), 1978 WL 17642 | Illinois-Attorney General opinion | What authority does the state supreme court have to impose binding state-wide rules on the imposition or collection of fees and fines? | Revenue flow | ||
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Montana | 49 Mont. Op. Att'y Gen. No. 18, 2002 WL 1009805 | Montana-Attorney General opinion | What authority do county or municipal courts have to set fines or fees? |
The Montana Constitution and Montana law authorize amunicipal court judge to release a defendant on a time-pay
bail bond, defined as a bond in an amount set by the judge
to be + See morepaid in installments.
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If the court finds some form of bail necessary, however, Mont. Code Ann. § 46-9-301, provides more specific factors for a court to consider. These factors include, among other matters + See morenot related to the safety of the victim and the community, that the amount shall be not oppressive, and that the amount shall be
considerate of the financial ability of the accused. Id., §§ 46-9-301(4) and (6). The time-pay bail bonds system comports with these requirements.The Montana Constitution and Montana law authorize a municipal court judge to release a defendant on a time-pay bail bond, defined as a bond in an amount set by the judge to be paid in installments.
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Ability to pay |
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Montana | 41 Mont. Op. Att'y Gen. No. 59 | Montana-Attorney General opinion | Other applicable opinions | Cash bail for minor offenses may be increased to include applicable surcharges |
In order to collect the additional $10 charge required by section 46-18-236, MCA, a court may exercise its power under section 46-9-302, MCA, and increase the bail schedule for minor + See moreoffenses in a like amount.
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Enforcement |