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State | Citation | Description/Statute Name | Language from the rule | When does the rule apply? | |
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Missouri | Mo. Sup. Ct. R. 37.43(a) | Ordinance Violation - Summons or Arrest Warrant - When Issued - Failure to Appear |
When an information charging the commission of an ordinance violation is filed pursuant to Rule 37.34, a summons shall be issued unless the court finds that there are:(a) Sufficient facts + See morestated to show probable cause that an ordinance violation has been committed, and
(b) Reasonable grounds for the court to believe that the defendant will not appear upon the summons, or a showing has been made to the court that the accused poses a danger to a crime victim, the community, or any other person.
If the court so finds, a warrant for the arrest of the defendant may be issued
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Fines and fees |
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Missouri | Mo. Sup. Ct. R. 37.65 | Fines, Installment or Delayed Payments – Response to Nonpayment |
(a) When a fine is assessed and it appears to the judge that the defendant does not have at that time the present means to pay the fine, the judge + See moreshall order a stay of execution on the payment of the fine and:
(1) Grant the defendant a specified period of time within which to pay the fine in full, or
(2) Provide for the payment of the fine on an installment basis under such terms and conditions as the judge may deem appropriate.
(b) The judge may issue an order to show cause, consistent with Rule 36.01(b), for the defendant to appear in court at a future date in the event the fine is not paid in the time specified by the judge. In the event the defendant fails to appear at that future date, the court may issue a warrant to secure the defendant’s appearance for a hearing on the order to show cause.
(c) If a defendant defaults in the payment of the fine or any installment thereof, the judge may issue an order to show cause why the defendant should not be held in contempt of court. The judge shall issue a summons for the defendant’s appearance on the order to show cause unless the defendant was ordered to appear at a future date as provided in Rule 37.65(b). If the defendant fails to appear on the summons, the court may then issue a warrant to secure the defendant’s appearance for a hearing on the order to show cause. The summons may be served by the clerk mailing it to the defendant’s last known address by first class mail.
(d) If following the show cause hearing the judge finds the defendant intentionally refused to obey the sentence of the court or to have made a good faith effort to obtain the necessary funds for payment, the judge may confine the defendant for a term not to exceed thirty days for contempt of court. If the judge finds that the failure to pay the fine is excusable, the judge shall enter an order allowing the defendant additional time for payment, or may modify the method of payment or waive the collection of all or part of any unpaid portion of the fine.
(e) Upon default in the payment of a fine or any installment thereof, the fine may be collected by any means authorized by law for the enforcement of money judgments.
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Enforcement |
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Missouri | Mo. Sup. Ct. R. 36.04 | Minimum operating standards |
Minimum Operating Standard # 2: Municipal divisions shall inquire of defendants and allow them to present information about their financial condition when assessing their ability to pay and establishing payment + See morerequirements for monies due
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Ability to pay |
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New Hampshire | N.H. Sup. Ct. Rule 47 | COUNSEL FEES AND EXPENSES--INDIGENT CRIMINAL CASES | Only upon an express, written finding of good cause and exceptional circumstances by the court will the maximum fees be exceeded or will additional fees be authorized. | |
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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 + See moreand determining that the defendant understands the following: . . . (G) any maximum possible penalty, including imprisonment, fine, and mandatory fee;
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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 + See moreand 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.
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Fines and fees |
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West Virginia | W. Va. R. Crim. P. 17(b) | Subpoena - ability to pay |
Subpoena - Defendants unable to pay. — The court shall order at any time that a subpoena be issued for service on a named witness upon an ex parte application + See moreof a defendant upon a satisfactory showing that the defendant is financially unable to pay the fees of the witness and that the presence of the witness is necessary to an adequate defense. If the court orders the subpoena to be issued, the costs incurred by the process and the fees of the witness so subpoenaed shall be paid in the same manner in which similar costs and fees are paid in case of a witness subpoenaed in behalf of the state.
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Ability to pay |
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West Virginia | W. Va. R. Civ. P. 77(e) | Waiver of fees |
Filing of affidavit of indigence. — A person seeking waiver of fees, costs, or security, pursuant to Chapter 59, Article 2, Section 1 [§ 59-2-1] of the Code of West Virginia, + See moreshall execute before the clerk or a deputy an affidavit prescribed by the chief justice of the Supreme of Court of Appeals, which shall be kept confidential in divorce and domestic violence proceedings.
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Ability to pay |
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West Virginia | W. Va. R. Crim. P. 32(c)5 | Right to Appeal |
Notification of right to appeal. — After imposing sentence in a case which has gone to trial on a plea of not guilty, the court must advise the defendant of the + See moreright to appeal. After imposing sentence in any case, the court must advise the defendant of any right to appeal the sentence, and of the right of a person who is unable to pay the cost of an appeal to apply for leave to appeal in forma pauperis. If the defendant so requests, the clerk of the court shall prepare and file forthwith a notice of intent to appeal on behalf of the defendant.
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Ability to pay |