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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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New Mexico N.M. R. Cr. P. Mag. Ct. 6-801 Magistrate court - modification of fines and fees
The magistrate court may modify but not increase a sentence or fine at any time during the maximum period for which incarceration could have been imposed. No sentence shall be
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modified without prior notification to all parties and a hearing thereon. No sentence shall be modified while the appeal is pending. Changing a sentence from incarceration to probation constitutes a permissible reduction of sentence under this rule. No judgment of conviction shall be changed. No fine paid shall be ordered returned.
Fines and fees
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Oklahoma Okla. R. 8.1 Rule 8.1. Judicial hearings
When the Judgment and Sentence of a court, either in whole or in part, imposes a fine and/or costs upon a defendant, a judicial hearing shall be conducted and judicial
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determination made as to the defendant's ability to immediately satisfy the fine and costs. See Section 983(D) of Title 22.
Ability to pay
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Oklahoma Okla. R. 1.11 Rule 1.11. Application in Forma Pauperis
Any person who asserts indigency and an inability to pay the filing fees required under these Rules must execute and file with the Clerk of this Court an “Affidavit in
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Forma Pauperis,” verified before a notary public or other person authorized to administer oaths, or as specified in Rule 1.13(L). Any false statement of a material fact therein may serve as the basis for prosecution for perjury. PROVIDED HOWEVER, a certified copy of Form 13.4 of these Rules determining indigency for the filing being submitted may be substituted. See Form 13.2. A pleading shall not be considered filed in this Court until such time as the filing fee is paid or an “Affidavit in Forma Pauperis” is properly filed. This Rule shall not apply to filings of writs of habeas corpus. See 12 O.S.2001 § 1355.
Ability to pay
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Oklahoma Okla. R. 8.5 Rule 8.5. Inability to pay installments because of physical disability or poverty
In the event the defendant, because of physical disability or poverty, is unable to pay fine and/or costs either immediately or in installment payments, he/she must be relieved of the
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fine and/or costs; or, in the alternative, be required to report back to the court at a time fixed by the court to determine if a change of condition has made it possible for the defendant to commence making installment payments toward the satisfaction of fine and/or costs.
Ability to pay
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Oklahoma Okla. R. 8.3 Rule 8.3. Ordering installment payments and fixing the date
After a judicial finding that the defendant may be able to pay the fine and/or costs in installments, the court may order the defendant to make payment of installments in
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reasonable amounts and fix the due date of each payment, and may order the defendant to appear before the court on each due date. In event of imprisonment as a part of the judgment rendered, a determination shall be made as to the defendant's ability to make installment payments after completion of the term of imprisonment. See Section 983(B) of Title 22.
Ability to pay
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Oklahoma Okla. R. 8.4 Rule 8.4. Failure to make installment payments when due
If the defendant fails to make an installment payment when due, he/she must be given an opportunity to be heard as to the refusal or neglect to pay the installment
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when due. If no satisfactory explanation is given at the hearing on failure to pay, the defendant may then be incarcerated. If a defendant has the ability to pay but due to exigent circumstances or misfortune fails to make payment of a particular installment when due, he/she may be given further opportunity to satisfy the fine and/or costs, at the discretion of the court, to be governed by the facts and circumstances of each particular case.
Ability to pay
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Oklahoma Okla. R. 8.6 Rule 8.6. Change of conditions; Incarceration for failure to appear or satisfy fine and/or costs
At any time so fixed by the court for the defendant to appear on due date of installment or to appear for examination to determine change of condition set out
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in Rule 8.5, and the defendant fails to appear, he/she may be incarcerated to satisfy the fine and/or costs. In addition, if the defendant fails to pay fine and/or costs in accordance with the court's order, and the court determines the failure to pay was willful in accordance with Rules 8.1, 8.2, 8.3 and 8.4, the defendant may be incarcerated to satisfy the fine and/or costs.
Fines and fees
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Wyoming Wyo. Ct. R. 1 Costs and fees in criminal actions.
(a) Circuit courts shall collect for every criminal/traffic charge (count) for which aconviction results unless otherwise specifically excepted by statute or court rule, costs in the sum of $20.00 which shall
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be assessed as part of the sentence. In addition, for every criminal/traffic charge (count) for which a conviction results unless otherwise specifically excepted by statute or court rule, a fee of $20.00 shall be imposed, $10.00 of which shall be deposited into the judicial systems automation account established by W.S. § 5-2-120 and $10.00 of which shall be deposited into the indigent civil legal services account established by W.S. § 5-2-121. (b) For every charge (count) the court shall impose the costs and fees provided for under paragraph (a) above, and the victim’s compensation fee as required by W.S. § 1-40-119, unless the court determines the defendant has an inability to pay and that no reasonable probability exists that the defendant will have an ability to pay. (Amended August 13, 2002, effective September 1, 2002; amended December 17, 2002, effective January 1, 2003; amended May 25, 2010, effective July 1, 2010.)
Fines and fees
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Wyoming Wyo. Ct. R. 7 Over Payments In the case of over payments, a refund need not be made unless the over payment exceeds $10.00. Fines and fees
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Wyoming Wyo. Ct. R. 2 Municipal Courts
(a) Costs and fees assessed and collected in municipal courts shall be fixed by ordinance in each city and town but costs shall not exceed $10.00. Such costs shall be remitted
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to the city or town treasurer. By ordinance, a city or town may prescribe either a court automation fee of $10.00 or an indigent civil legal services fee of $10.00 or both as a cost to be paid by every person guilty of a violation of a city or town ordinance, and if so prescribed those fees shall be remitted to the judicial systems automation account established by W.S. § 5-2-120 and the indigent civil legal services account established by W.S. § 5-2-121. (b) Record check requests. All requests for a record check shall be submitted in writing by the applicant. Response to the request for a record check shall be made by the court in writing as soon as practicable after the written request is received by the court. The fee for checking municipal court records shall be ten dollars ($10.00). Payment of the $10.00 fee for each record check shall be made in cash or check payable to the court. No charge shall be made for checking municipal court records if requested by an employee of a governmental agency. Any request for copies of documents shall be billed separately above and beyond any fee charged as set forth herein. This rule and the charge provided only applies to services required from court personnel to check and/or abstract court records. This rule has no application to the personal examination of any court records including indexes by any individual desiring information from these public records.
Fines and fees