Poverty Penalties and Poverty Traps

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Below are the poverty penalties and poverty traps that meet your search criteria. Many include a See related provisions prompt which searches our database for laws that may pertain to your result.

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State Statute Description/Statute Name Statutory language Type of poverty penalty or poverty trap Level of offense Mandatory
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Arkansas Ark. Code Ann. § 5-4-204(a) Collection After Default

When a defendant sentenced to pay a fine or costs defaults in the payment of the fine or costs or of any installment, the fine or costs may be collected

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by any means authorized for the enforcement of a money judgment in a civil action.

Property liens All No
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Arkansas Ark. Code Ann. § 5-4-204(b) Collection After Default

A judgment that the defendant pay a fine or costs constitutes a lien on the real property and personal property of the defendant in the same manner and to the

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same extent as a money judgment in a civil action.

Property liens All Yes
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Arkansas Ark. Code Ann. § 5-4-303(f)(1)(C) Conditions of Suspension or Probation

(f)(1) If the court suspends imposition of sentence on a defendant or places him or her on probation conditioned upon his or her making restitution under subdivision (c)(6) of this

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section, the court, by concurrence of the victim, defendant, and the prosecuting authority, shall determine the amount to be paid as restitution . . . and (C) If a personal service is contemplated, the reasonable value and rate of compensation for the personal service rendered to the victim.

Work program/jail industry program All No
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Arkansas Ark. Code Ann. § 16-92-104   Costs and Fees -- Capital Cases

The costs in all cases of conviction where the convict may be sentenced to suffer death, and all expenses attending the execution of the sentence, shall be adjudged and taxed

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by the court and paid out of the estate of the convict, and execution may be issued against the estate of the convict therefor.

Property liens Felony Yes
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Arkansas Ark. Code Ann. § 16-92-102   Costs and Fees -- Execution

(a) The clerk of the court, at the end of each term, shall issue executions for all fines imposed on indictments, in penal actions, or otherwise, and for the costs

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of conviction in criminal cases during the term, and remaining unpaid, which shall be executed in the same manner as executions in civil cases. The property of the defendant may be seized and sold, notwithstanding that he or she may be in custody for the same demand.

(b) In every case where a witness is summoned by a special subpoena to testify in a particular case in which an indictment may be found, it shall be the duty of the clerk to tax the attendance of the witness with the cost of the suit, to be collected from the defendant, in the event that judgment shall be rendered against him or her therefor, and to be paid into the county treasury.

Property liens All No
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Arkansas Ark. Code Ann. § 16-92-101(a) Costs and Fees -- Defendant's Property Bound From Time of Arrest

The property, both real and personal, of any person charged with a criminal offense shall be bound from the time of his or her arrest or the finding of an

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indictment against him or her, whichever shall first happen, for the payment of all fines and costs which he or she may be adjudged to pay. However, no such lien shall be enforced unless the county judge of the county in which the judgment is rendered on the criminal charge shall file, or cause to be filed, with the circuit clerk of the county in which the person may own property, and within six (6) months after the rendition of judgment against the person, a notice of lis pendens as provided for in §§ 16-59-101 -- 16-59-105, 16-59-107, and 16-66-402 and shall cause suit to be instituted to enforce the lien within two (2) years after the date of the filing of the notice.

Property liens All Yes
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Arkansas A.C.A. § 3-3-102 Sentences and Fines

(a)  When a jail sentence is inflicted as part of the punishment, all persons convicted under this act shall serve out the sentence at hard labor; (b)  All fines and costs assessed

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against any person under this act and not paid or replevied shall be served out by confinement at hard labor at the rate of one (1) day for each one dollar ($1.00) of the fine and costs.

Work program/jail industry program All No
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Arkansas A.C.A. § 16-13-707 Lien on Property

(a)  When a defendant sentenced to pay a fine defaults in the payment thereof or of any installment, the fine may be collected by any means authorized for the enforcement of

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money judgments in civil actions; (b)  A judgment that the defendant pay a fine shall constitute a lien on the real and personal property of the defendant in the same manner and to the same extent as a money judgment in a civil action.

Property liens All No