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|State||Citation||Description/Statute Name||Language from the rule||When does the rule apply?|
|Michigan||Mich. Court R. 1.11||Time of payment||Fines, costs, and other financial obligations imposed by the court must be paid at the time of assessment, except when the court allows otherwise, for good cause shown.||Fines and fees|
|Michigan||Mich. Court R. 6.905(D)||Costs assessed||
(D) Cost. The court may assess cost of legal representation, or part thereof, against the juvenile or against a person responsible for the support of the juvenile, or both. The+ See more
order assessing cost shall not be binding on a person responsible for the support of the juvenile unless an opportunity for a hearing has been given and until a copy of the order is served on the person, personally or by first class mail to the person's last known address.
|Fines and fees|
|Michigan||Mich. Court R. 3.605||Collection of penalties||
(B) Parties. The civil action for a pecuniary penalty incurred for the violation of an ordinance of a city or village must be brought in the name of the city+ See more
or village. Other actions to recover penalties must be brought in the name of the people of the State of Michigan. (C) Judgment on Penalty. In an action against a party liable for a penalty, judgment may be rendered directly against the party and in favor of the other party on motion and showing that the condition has occurred giving rise to the penalty. This subrule does not apply to forfeited civil recognizances under MCR 3.604 or to forfeited criminal recognizances under MCL 765.28. (D) Remission of Penalty. An application for the remission of a penalty, including a bond forfeiture, may be made to the judge who imposed the penalty or ordered the forfeiture. The application may not be heard until reasonable notice has been given to the prosecuting attorney (or municipal attorney) and he or she has had an opportunity to examine the matter and prepare to resist the application. The application may not be granted without payment of the costs and expenses incurred in the proceedings for the collection of the penalty. (E) Duty of Clerk When Fine Without Order for Commitment; Duty of Prosecutor. When a fine is imposed by a court on a person, without an order for the immediate commitment of the person until the fine is paid, the clerk of the court shall deliver a copy of the order imposing the fine to the prosecuting attorney of the county in which the court is held, or the municipal attorney in the case of a fine that is payable to a municipality. The prosecuting attorney (or municipal attorney) shall obtain execution to collect the fine.
|Fines and fees|
|Michigan||Mich. Court R. 6.425(E)(3)(a)-(c)||Incarceration for Nonpayment.||
(a) The court shall not sentence a defendant to a term of incarceration, nor revoke probation, for failure to comply with an order to pay money unless the court finds,+ See more
on the record, that the defendant is able to comply with the order without manifest hardship and that the defendant has not made a good faith effort to comply with the order.(b) Payment Alternatives. If the court finds that a defendant is unable to comply with an order to pay money without manifest hardship, the court may impose a payment alternative, such as a payment plan, modification of any existing payment plan, or waiver of part or all of the amount of money owed to the extent permitted by law.(c) Determining manifest hardship. The court shall consider the following criteria in determining manifest hardship: (i) Defendant’s employment status and history. (ii) Defendant’s employability and earning ability. (iii) The willfulness of the defendant’s failure to pay. (iv) Defendant’s financial resources. (v) Defendant’s basic living expenses, including but not limited to food, shelter, clothing, necessary medical expenses, or child support. (vi) Any other special circumstances that may have bearing on the defendant’s ability to pay.
|Ability to pay|
|Michigan||Mich. Court R. 1.111(f)(5)||Language interpreters||If a party is financially able to pay for interpretation costs, the court may order the party to reimburse the court for all or a portion of interpretation costs.||Fines and fees|
|Michigan||Mich. Court R. 8.106(E)||Fee for bad checks||NSF Checks. A court may assess costs for reasonable expenses incurred for checks returned to the court due to insufficient funds.||Fines and fees|
|North Dakota||N.D.R.Crim.P. 1||Scope and Exceptions||(4) Other Proceedings. These rules do not apply to: . . . (C) the collection of fines and penalties;||Fines and fees|
|North Dakota||N.D.R.Crim.P. 11||Pleas||
(1) The court may not accept a plea of guilty without first, by addressing the defendant personally [except as provided in Rule 43(b)] in open court, informing the defendant of+ See more
and determining that the defendant understands the following: . . . (G) any maximum possible penalty, including imprisonment, fine, and mandatory fee;
|Fines and fees|
|North Dakota||N.D.R.Crim.P. 38||Stay of Execution and Relief Pending Review||
(b) Fine. If the defendant appeals, the court may stay a sentence to pay a fine, fee or costs. The court may stay the sentence on any terms considered appropriate+ See more
and may require the defendant to: (1) deposit all or part of the fine, fee or costs with the clerk; (2) post a bond to pay the fine, fee or costs; or (3) submit to an examination concerning the defendant's assets and, if appropriate, order the defendant to refrain from dissipating assets.
|Fines and fees|
|Washington DC||D.C. Super. Ct. R. Crim. P. CJA||Plan for Furnishing Representation to Indigents Under the District of Columbia Criminal Justice Act||
B. Determination of the Need for Counsel. In every criminal case in which a person is charged with a felony, misdemeanor, or other offense involving the possibility of imprisonment, or+ See more
with juvenile delinquency or in need of supervision, or with a violation of probation, and appears without counsel, the Court shall advise the person that he or she has the right to be represented by counsel and that counsel will be appointed if desired and if he or she is financially unable to obtain counsel. In connection with any appointment of counsel made pursuant to the Criminal Justice Act, it shall be the duty of the Criminal Justice Act Office of the Public Defender Service, under the supervision of the Court, to determine whether a person is financially unable to obtain adequate representation. This obligation shall extend to both cases prosecuted by the United States and cases prosecuted by the District of Columbia. All statements made by a person in such an inquiry shall be made by affidavit, in such form as the Public Defender Service may prescribe, sworn to before a judicial officer, court clerk, deputy clerk, or notary public, and shall be retained in the case file. At any time while such person is represented by an attorney appointed pursuant to the Criminal Justice Act, the judicial officer presiding over such person's case may compare such affidavit with other statements made by such person when seeking pre-trial release or in the pre-sentence investigation process concerning his or her employment status or financial means and may take such action, if any, as may be appropriate under the circumstances and consistent with applicable law. If at any time after the appointment of counsel the Court finds that a person is financially able to obtain counsel or to make partial payment for representation, the Court may terminate the Criminal Justice Act appointment of counsel, order that any funds available to the person be paid as provided in D.C. Code § 11-2606 (2001), or take other appropriate action. Any funds required to be paid by the person pursuant to D.C. Code § 11-2606 shall be ordered payable to the Court.
|Ability to pay|