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Alabama ARCrP Rule 6.3 Indigence - definition
(a) DEFINITION. The term “indigent,” as used in these rules, means a person who is financially unable to pay for his or her defense.(b) AFFIDAVIT OF SUBSTANTIAL HARDSHIP. A defendant
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desiring to proceed as an indigent shall complete under oath an affidavit of substantial hardship concerning his or her financial resources and may also be examined under oath regarding his or her financial resources by the court responsible for determining indigency. The defendant shall be advised of the penalties for perjury as provided by law. (c) RECONSIDERATION. If, after an initial determination of indigency or nonindigency, there has been a material change in circumstances or new information concerning a defendant's financial status becomes available, either the defendant requesting appointment of counsel, the defendant's appointed attorney, or the prosecutor may move for reconsideration of the defendant's financial status.
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Alabama ARCrP Rule 26.11 Imposition of restitution
(a) IMPOSITION OF RESTITUTION. Restitution should be ordered in all cases where a victim has been injured or damaged. The financial resources and obligations of the defendant and the burden
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that payment of restitution will impose should be considered in determining how much restitution is to be paid or collected, i.e., whether to be paid by installments and what length of time should be given for payment.(b) IMPOSITION OF FINE. If the court is given authority to impose a fine, in determining whether to impose a fine, the court should consider: (1) Whether there are particular reasons which make a fine appropriate as punishment for the defendant; (2) The financial resources and obligations of the defendant and the burden that payment of a fine will impose; (3) The ability of the defendant to pay a fine forthwith on an installment basis or on other conditions to be fixed by the court; (4) The extent to which payment of a fine will interfere with the ability of the defendant to make restitution or reparation to the victim of the crime; and (5) The amount of gain derived by the defendant or loss sustained by the victim as a result of defendant's commission of the offense, which amount shall be determined by the court from evidence presented at the sentence hearing if not stipulated by the parties. (c) IMPOSITION OF COSTS. Docket fees and other costs in criminal cases shall be assessed upon conviction. (d) DEFERRED AND INSTALLMENT PAYMENTS. If the defendant cannot pay the costs, fine, and/or restitution immediately after pronouncement of the sentence as preferred, the court may permit payment of the costs, fine, and/or restitution, at some later date, or in specified installments. (e) TO WHOM PAYMENT IS TO BE MADE. The payment of fines, costs, and monetary restitution shall be made to the clerk of the court, unless the court expressly directs otherwise. (f) ACTION UPON FAILURE TO PAY FINE OR RESTITUTION. (1) Defendants Not on Probation. If a defendant not on probation fails to pay a fine or restitution, or any installment thereof, within the prescribed time, the clerk shall notify the district attorney and the court. (2) Defendants on Probation. If a defendant on probation fails to pay a fine or restitution, or any installment thereof, within the prescribed time, the clerk shall give notice of such delinquency to defendant's probation officer. (3) When Payment Is to Be Made to Persons Other than the Clerk. Whether or not the defendant is on probation, if the payment is to be made to someone other than the clerk, the person to whom payment is to be made shall notify the probation officer (if the defendant is on probation) or the court (if the defendant is not on probation) of the defendant's failure to pay. (g) INQUIRY INTO DEFENDANT'S ABILITY TO PAY FINE OR RESTITUTION. If a defendant fails to pay a fine or restitution as directed, the court may inquire and cause an investigation to be made into the defendant's financial, employment, and family standing, and the reasons for nonpayment of the fine and/or restitution, including whether nonpayment of the fine and/or restitution was contumacious or due to indigency. (h) REMEDIES FOR NONPAYMENT OF FINE OR RESTITUTION. If the defendant fails to pay a fine and/or restitution, the court may: (1) Reduce the fine to an amount the defendant is able to pay; (2) Continue or modify the schedule of payments of the fine and/or restitution; (3) Direct that the defendant be incarcerated until the unpaid fine and/or restitution, or any portion thereof, is paid, subject, however, to section (i) of this rule; (4) Order an employer to withhold amounts from wages to pay fines and/or restitution; or (5) Release the defendant from obligation to pay the fine. (i) INCARCERATION FOR NONPAYMENT OF FINE OR RESTITUTION. (1) Incarceration shall not automatically follow the nonpayment of a fine or restitution. Incarceration should be employed only after the court has examined the reasons for nonpayment. After consideration of the defendant's situation, means, and conduct with regard to the nonpayment of the fine and/or restitution, the court shall determine the period of any incarceration in default of payment of the fine and/or restitution, subject to the following limitations: (i) In no event shall such period of incarceration exceed one (1) day for each fifteen dollars ($15.00) of the fine. (ii) If the fine was imposed in connection with a felony, the period of incarceration may not exceed one (1) year. (iii) If the fine was imposed in connection with a misdemeanor or municipal ordinance violation, the period of incarceration may not exceed one-third ( ⅓ ) of the maximum term of incarceration authorized for the offense. (iv) If, at the time the fine was imposed or the restitution was ordered, a sentence of incarceration was also imposed, the aggregate of the period of incarceration imposed pursuant to this rule and the term of the sentence originally imposed may not exceed the maximum term of imprisonment authorized for the offense. (2) In no case shall an indigent defendant be incarcerated for inability to pay a fine or court costs or restitution. (3) If the court orders a defendant to pay a fine and/or restitution imposed as a result of a traffic infraction, the court may suspend the defendant's privilege to operate a motor vehicle in this state upon a failure of the defendant to comply with the order of the court. If the defendant's privilege to operate a motor vehicle has been suspended for failure to comply with such court order, the privilege may remain suspended until the total amount of the fine and/or restitution imposed is paid. (j) COLLECTION OF COSTS. Court costs shall be deemed part of the penalty and the same procedures provided herein for nonpayment of fines shall apply for nonpayment of costs. (k) EXECUTION FOR FINE AND COSTS. If the fine or court costs are not discharged by payment or by service of a period of incarceration in default of the fine or court costs and if restitution is not discharged, the clerk may issue execution for the fine, restitution, and costs adjudged, or any portion remaining unpaid. The district attorney, or the county or municipal attorney, as applicable, shall institute appropriate proceedings or take necessary action to collect unpaid fines, restitution, and costs. Editors' Notes
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Florida Fla. R. Judicial Admin. 2.265(b) Municipal ordinance violations
Costs in County Courts. The chief judge of a circuit shall by administrative order establish a schedule of costs, in conformity with any provisions of law, to be assessed against
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a defendant in the county court and paid to the county for violations of municipal ordinances which are prosecuted in county court. The costs shall be assessed as a set dollar amount per conviction, not to exceed $50 excluding any other statutory costs.
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Florida Fla. R. Crim. Proc. 3.853(c)(6) Motion for postconviction DNA testing
If the court orders DNA testing of the physical evidence, the cost of the testing may be assessed against the movant, unless the movant is indigent. If the movant is
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indigent, the state shall bear the cost of the DNA testing ordered by the court.
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Florida Fla. R. Crim. Proc. 3.984 Application for criminal indigent status
Notice to Applicant: The provision of a public defender/court appointed lawyer and costs/due process services are not free. A judgment and lien may be imposed against all real or personal
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property you own to pay for legal and other services provided on your behalf or on behalf of the person for whom you are making this application. There is a $50.00 fee for each application filed. If the application fee is not paid to the Clerk of the Court within 7 days, it will be added to any costs that may be assessed against you at the conclusion of this case. If you are a parent/guardian making this affidavit on behalf of a minor or taxdependent adult, the information contained in this application must include your income and assets.
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Florida Adm. Order No. 2009-04 (Second Circuit) In re: Fees - Costs for payment of attorney's fees; public defender application fee
I. Each criminal judgment shall contain an assessment pursuant to section 938.29, Florida Statutes, unless specifically waived by the Court, in the amount of $50.00 in misdemeanor cases and
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$100.00 in felony cases in all cases in which the defendant received the assistance of the Public Defender's Office or any other court appointed counsel. A similar assessment shall be imposed, unless specifically waived by the Court, in all cases which the defendant has received due process services after being found indigent for costs under section 27.52, Florida Statutes. These assessments shall be made in all original criminal actions as well as violations of probation or community control.
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Florida Adm. Order No. 2009-04 (Second Circuit) In re: Fees - Costs for payment of attorney's fees; public defender application fee
III. If not previously paid, each criminal judgment shall also include the $50.00 Public Defender application fee if the Defendant applied for the services of the Public Definer and/or
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the court appointed the Public Defender, unless specifically waived by the court.
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Florida Adm. Order No. 2000-03 (Second Circuit) In re: Investigative costs in criminal cases
A. 1. The minimum cost of prosecution to be assessed in each felony case is $50.00. This cost takes into consideration the time involved in the intake process,
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case preparation (exclusive of pre-trial motion and depositions) and the taking of the plea n court. All law enforcement agencies shall submit a request for reimbursement of investigative costs form . . . with each case they are seeking to recover the minimum cost of prosecution. A. 2. For any amount in excess of the above to be awarded the state shall, at least five (5) business days prior to sentencing unless otherwise provided in a plea agreement, file a Motion to Assess, with the amounts documented therein and furnish a copy to the defense attorney. A proposed order should also be included therewith. A. 3. Any defendant who objects to the assessment of the investigative costs has the right to request a hearing to determine the actual investigative costs incurred by the law enforcement agency.
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Florida Adm. Order No. 2000-03 (Second Circuit) In re: Investigative costs in criminal cases
B. 1. The minimum cost of prosecution to be assessed in each misdemeanor and criminal traffic case shall be assessed as follow: a. For a plea at First Appearance,
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no costs; b. For a plea entered to a criminal traffic case or to a misdemeanor case subsequent to First Appearance a cost of $25.00 shall be assessed; c. For a plea entered to an Information prior to trial, a cost of $25.00 shall be assessed; d. Cases that involve an extraordinary amount of time, motion hearings, dispositions or go to trial, shall be handled as set fort in paragraph A. 2.
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Florida Adm. Order No. 2014-01 (Fourth Circuit) In re: Assessment and collection of drug testing fee for Clay County, Florida
Ordered: (A) That every individual ordered by the Fourth Judicial Circuit Court, ClayCounty, to complete a drug test shall be required to pay a fee of $25.00 - or such
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reduced amount as deemed appropriate to ensure the ability to pay, with the exception of individuals found to be indigent upon proper application to the Court; (B) That individuals found to be indigent upon proper application to the Court shall be exempt from payment of this fee; (C) That individuals who are ordered for testing shall make payment to the Clay County Clerk of Court, which has agreed to issue a receipt to such individuals as proof of payment, that shall, upon presentation at the Duval County Drug Court Lab, enable drug testing to be completed; (D) That agencies executing a Memorandum of Understanding (MOU) with the Duval County Drug Court Lab to perform dmg tests at an agreed upon contracted rate shall, after receipt of an invoice, submit a monthly payment (to the Duval County Drug Court Lab made payable to “the Duval County Clerk of Court”) along with a copy of the invoice, in accordance with the MOU for tests performed pursuant to a Court order or Child Welfare Case Plan; (E) That the Clay County Clerk of Court has agreed to maintain separate accounting records for these funds to ensure proper appropriation of all revenues collected; (F) That upon the end of each quarter, the Clay County Clerk of Court shall remit payment of all funds collected during the preceding quarter to the Duval County Clerk of Court; (G) That all such payments will be deposited by the Duval County Clerk of Court into the existing Drug Testing Revenue Fund, i.e., GL2293 87 (F750), as maintained by the Duval County Clerk of Court; (I-I) That this account shall allow for end of fiscal year cash carryover; (I) That the fees collected will be deposited by the Clerk of Court into this account, less one dollar ($1.00) per drug testing fee as a service charge to be retained by the Clerk; (J) That the Chief Judge or his designee shall have authority over these fund for use in maintaining Drug Court and that such funds shall only be disbursed by the Duval County Clerk of Court upon request by the Chief Judge or his designee;
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Florida Second Amended Adm. Order No. 2008-04 (Fourth Circuit) In re: Assessment and collection of drug testing fee for Clay County, Florida
Ordered: (A) That every individual ordered by the Fourth Judicial Circuit Court, Duval County (the Court), to complete a drug test shall be required to pay a fee of $25.00
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- or such reduced amount as deemed appropriate by the Court to ensure the ability to pay, with the exception of individuals found to be indigent upon proper application to the Court;(B) That individuals found to be indigent upon proper application to the Court shall be exempt from payment of this fee; (C) That individuals who are ordered for testing shall make payment to the Duval County Clerk of Court, which has agreed to issue a receipt to such individuals as proof of payment, that shall, upon presentation at the Duval County Drug Court Lab, enable drug testing to be completed; (D) That agencies executing a Memorandum of Understanding (MOU) with the Duval County Drug Court Lab to perform drug tests at an agreed upon contracted rate shall, after receipt of an invoice, submit a monthly payment (to the Duval County Drug Y Court Lab made payable to “the Duval County Clerk ofCou11”) long with a copy of the invoice, in accordance with the MOU for tests performed pursuant to a Court order or Child Welfare Case Plan; (E) That all such payments will be deposited by the Duval County Clerk of Court into the existing Drug Testing Revenue Fund, i.e., GL2293 87 (F750), as maintained by the Duval County Clerk of Court; (F) That the Duval County Clerk of Court has agreed to maintain separate accounting records for these funds to ensure proper appropriation of all revenues collected. Upon request from the Court Administration, the Duval County Clerk of Court will establish and maintain a bank account for receipt of these funds, which shall support any required maintenance fees necessary to operate the account; (G) That this account shall allow for end of fiscal year cash carryover; (H) That the fees collected will be deposited by the Clerk of Court into this account, less one dollar ($1.00) per drug testing fee as a service charge to be retained by the Clerk; (I) That the Chief Judge or his designee shall have authority over these funds for use in maintaining Drug Court and that such funds shall only be disbursed by the Duval County Clerk of Court upon request by the Chief Judge or his designee;
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Florida Adm. Order No. 91-2 (Fourth Circuit) In re: Section 39.054, Florida Statutes - Clerk's Fee for Collecting and Disbursing Juvenile Restitution Payments
Ordered that pursuant to Section 39.054, Florida Statutes, the Clerk of Courts for Duval, Clay and Nassau Counties shall receive and dispense restitution ordered by the respective Courts pursuant to
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Chapter 39, Florida Statutes, and shall collect from the child or parent as ordered by the Court, a fee in the amount of: Duval County $4.00; Clay County $3.50; Nassau County $3.50.
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Florida Adm. Order No. 2015-048 PA/PI-CIR (Sixth Circuit) Re: Court costs, assessments, surcharges, and fines - Amendment Two Specifies various fines and fees. Fines and fees
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Florida Adm. Order No. 8.05 (Eighth Circuit) Criminal traffic costs
In addition to any other allowable costs, an additional court cost of $5.00 shall be assessed against each defendant charged with a criminal traffic offense who elects to exercise the
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option of receiving a withheld adjudication under section 318.14(10), Florida Statutes, and shall be paid to Alachua County.
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Florida Adm. Order No. 2002-14 (Ninth Circuit) Order providing for clerk of court's fee to be assessed by court at time of sentencing
1. In cases where the court has ordered, as a condition of probation, the impoundment or immobilization of vehicles operated by or in the actual control of the defendant pursuant
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to section 316.193(6), Florida Statutes, the Clerk of Court is authorized to impose a fee of ten dollars ($10.00) which shall be assessed by the Court against the Defendant at the time of sentencing.
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Florida Adm. Order No. 07-99-26-5 (Ninth Circuit) Amended administrative order governing a collections court program in Orange county
I. Placement under Program:When fines and costs are imposed at sentencing or reimposed pursuant to a modification or termination of probation, the trial judge may also order any defendant, who
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does not or cannot pay the fines and court costs in full at sentencing or at a date certain not to exceed 120 days, to comply with the terms of the Program. When sentencing defendants to probation or community service the trial judge may order the defendants to comply with the Program for payment of fines and costs. In cases in which defendants are sentenced and incarcerated to the Florida Department of Corrections, upon their release from state custody they may be included in the Program. However, the judge may also reduce all fines and costs to a final judgment and thus, these defendants shall not be included in the Program.
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Florida Adm. Order No. 07-99-26-5 (Ninth Circuit) Amended administrative order governing a collections court program in Orange county
II. Notice Form:At sentencing the trial clerk shall prepare and furnish each defendant who is ordered to comply with the Program a form entitled “Notice of Fines and Costs, Required
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Status Hearings, and Order Requiring Defendants Personal Appearance at Collections Court (hereinafter referred to as “Notice”). The original Notice shall be signed by the defendant and the trial judge, and then placed in the court file. A copy of the Notice shall be furnished to the defendant. The Notice shall advise the defendant of the following: 1. The total amount due. 2. The amount of monthly payments. 3. Where payments are to be made. 4. The date payment is to be made each month until paid in full. This date shall be from the 1st of the month until the 15th of the month. 5. That the defendant shall be assessed an administrative fee payable to the Clerk of Court in the amount of $5.00 per month for inclusion in the Program. 6. That each time the defendant fails to make a scheduled payment on the date specified, an additional administrative fee of $10.00 payable to the Clerk of Court shall be assessed against the defendant for the costs incurred under the Program. 7. That each time a defendant fails to appear for a required Collection Court status hearing, and a Writ of Bodily Attachment is issued, an additional administrative fee of $20.00 shall be assessed against the defendant for the costs incurred under the Program. This administrative fee when collected shall be disbursed by the Clerk of Court as follows: $10.00 to the Clerk of Court; $10.00 to the Board of County Commissioners on behalf of the Orange County Sheriff’s Office.
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Florida Adm. Order No. 2-20.1 (Tenth Circuit) Payment of restitution, court costs, fines, fine and forfeiture judgment liens, court appointed attorney fees, and other monetary assessments through the clerk of court
T IS THEREFORE ORDERED AND ADJUDGED that the Clerk of the Court of PolkCounty may accept partial payments for court costs, fines, and other monetary assessments, in Circuit Criminal and
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County Criminal cases where the defendant is placed on probation and a minimum total of $100.00 is owed for said fees. The Clerk may also accept partial payments for fine and forfeiture judgment liens and court appointed attorney fees in criminal or traffic cases where the defendant is placed on probation and a minimum total of $100.00 is owed for said fees or liens. IT IS FURTHER ORDERED that a partial payment plan for fines, court costs and court appointed attorney fees may be included in each defendant’s pre-Sentence Investigation where it is anticipated that the fines, costs and fees will exceed $100.00. The partial payment schedule shall be established for fines, court costs or other monetary assessments by the defendant and the Department of Corrections (DOC) or County Probation. DOC shall provide to the Clerk copies of any court order affecting the payment schedule, amounts due and dates. The Clerk is hereby authorized to charge a fee for receiving collections of partial payments from County Probation and the Department of Corrections and making disbursement pursuant to Florida law. The fee to be charged by the Clerk shall be a one-time payment of $10.00 per sentencing event. In the event full payment is initially made, there shall be no $10.00 fee assessed. The total fee to be charged at any one sentencing event shall not exceed $10.00.
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Florida Adm. Order No. 2-36.0 (Tenth Circuit) In re: Cost of supervision for probation & parole services
ORDERED AND ADJUDGED that each criminal defendant placed on probation, drug offender probation, or community control supervision shall pay, as a condition of that placement, a fee for that supervision
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of $30.00 per month to:Florida Department of Corrections 970 E. Main Street Bartow, FL 33830 If, however, the defendant is in jail for more that 30 days as a condition of supervision or is in a residential treatment program as a condition of supervision for more than 30 days and cannot work during that time of placement, the defendant shall be exempted from payment for that period of time. IT IS FURTHER ORDERED that when a criminal defendant has been placed as described below and that a placement has been terminated with the defendant owing supervision fees, the Court shall issue a Judgment and Lien for the amount due.
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Florida Adm. Order No. 2-72.2 (Tenth Circuit) In re: DUI/Drug court program fees and additional court costs in DUI cases
2. On all DUI cases here shall be assessed an additional $80.00 cost pursuant to §938.21, Florida Statutes, and §938.23, Florida Statutes.3. Pursuant to §938.21, Florida Statutes and §938.23, Florida
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Statutes, the Clerk of the Court shall collect this cost for deposit into the Polk County Alcohol and Drug Abuse Trust Fund (account number: 00158.930564669.3469012 – DUI Surcharge Fee). 4. All DUI/Drug Court Probationers entering the DUI/Drug Court program on or after August 1, 2010, shall pay monthly treatment fees of $200.00. All DUI/Drug Court Probationers participating in the DUI/Drug Court program prior to August 1, 2010, shall continue to pay monthly treatment fees of $180.00. The monthly treatment fees cover the costs of treatment and drug screens. The Clerk of the Court shall collect these fees for deposit into the DUI Court Fees Fund (account number: 00158.930564669.3469011 – DUI Court Fees).
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