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|State||Citation||Description/Statute Name||Question||Brief answer||Language from the opinion||When does the case apply?|
|Idaho||Guideline 2/15/1979||Guideline 2/15/1979||Can a sheriff collect fees owed to him directly from criminal defendants?||No||
...we strongly question whether a defendant could be assessedthe costs of making the arrest or transporting him as a prisoner. Assessing costs of serving subpoenas might be upheld if the defendant+ See more
is not indigent. We do not question the power of the court to collect the statutory $7 .50 under * 3 1 -3201A ( b).
|Fines and fees|
|North Carolina||N.C.A.G. Mar. 21, 1996||RE: Advisory Opinion; Exceptions to Statutory Exemptions for Execution of Judgment on Criminal Restitution Orders||Other applicable opinions||North Carolina is not barred from structuring a program to collect costs; however, the state's initiatives, must be narrowly drawn so as to avoid chilling the indigent's right to counsel||
North Carolina [is not] barred from structuring a program to collect the amount it is owed from a financially-able defendant through reasonable and fairly administered procedures. The state's initiatives in+ See more
this area naturally must be narrowly drawn to avoid either chilling the indigent's exercise of the right to counsel, or creating discriminating terms of repayment based solely on the defendant's poverty. Beyond these threshold requirements, however, the State has wide latitude to shape its attorneys fees recoupment or restitution program along the lines it deems most appropriate for achieving lawful state objectives. Id. at 123-124. (emphasis added.)
|North Carolina||N.C.A.G. June 10, 1980||Criminal Law and Procedure; Sentences; Probation; Restitution; Bankruptcy Proceedings||Person who received illegal gains as a part of criminal activity may not discharge legal financial obligations in bankruptcy||
It would thus be against our statute and public policy to permit a defendant who has received illegal gains and who was ordered to make restitution as a condition of+ See more
his sentence to vacate such conditions by a discharge in bankruptcy." People v. Mosesson, 356 N.Y.S. 2d 483, 484-85, (1974). See also: People on Inf. of Anerbach v. Topping Bros., 359 N.Y.S. 2d 985 (1974).