Criminal Justice Policy Program at Harvard Law School
50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
Attorney General Opinions
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3 Results
| State | Citation | Description/Statute Name | Question | Brief answer | Language from the opinion | When does the case apply? | |
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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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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 |