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State Citation Description/Statute Name Language from the rule When does the rule apply?
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Mississippi URCCC Rule 11.04 Post-Conviction Fines, Payment of Fines, and Indigents Matters concerning post-conviction fines, payment of fines, indigents and imprisonment for nonpayment of fines shall be governed by § 99-19-20 of the Mississippi Code of 1972. Ability to pay
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Mississippi M.R.A.P. Rule 6(a)(1) Counsel on Appeal in Criminal Cases and Proceedings In Forma Pauperis in Criminal Cases
A defendant in a criminal case in a trial court who desires to proceed on appeal in forma pauperis shall file in the trial court a motion for leave so to proceed,
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together with an affidavit showing the defendant's inability to pay fees and costs. If the motion is granted, the defendant may so proceed without further application to the Supreme Court and without prepayment of fees or costs in either court. If the motion is denied, the trial court shall state in writing the reasons for the denial.
Ability to pay
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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
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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
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and determining that the defendant understands the following: . . . (G) any maximum possible penalty, including imprisonment, fine, and mandatory fee;
Fines and fees
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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
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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
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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
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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