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State | Citation | Description/Statute Name | Language from the rule | When does the rule apply? | |
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Arizona | Ariz. R. Crim. P. 26.12(c) | Compliance with Sentence |
Action upon Failure to Pay a Fine, Restitution, Other Monetary Obligation, or to Comply with Court Orders.(1) For Defendants Not on Supervised Probation. If a defendant fails to pay a + See morefine, restitution, or other monetary obligation, or is known by the court to have failed to comply with a term or condition of sentence within the prescribed time, the court shall, within 5 days, notify the prosecutor.
(2) For Defendants on Supervised Probation. If a defendant on supervised probation fails to pay a fine, restitution, or other monetary obligation, or is known by the court to have failed to comply with any other term or condition of probation within the prescribed time, the court shall give notice of such failure to the defendant's probation officer within the time limits set under sections (c)(1) and (3).
(3) Time limits--Restitution and Non-Monetary Obligations. If the payment or performance of an obligation does not involve the court, delinquency times shall run from the date on which the court or the probation officer becomes aware of failure to pay or comply.
(4) Court Action upon Failure of Defendant to Pay Fine, Restitution, or Other Monetary Obligation or to Comply with Court Orders. Upon the defendant's failure to pay a fine, restitution, or other monetary obligation, or failure to comply with court orders, the court may require the defendant to show cause why said defendant should not be held in contempt of court and may issue a summons or warrant for the defendant's arrest.
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Fines and fees |
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Arizona | Ariz. R. Crim. P. 6.7(d) | Compensation of appointed counsel |
If in determining that a person is indigent under Rule 6.4(a), the court finds that such person has financial resources which enable him or her to offset in part the + See morecosts of the legal services to be provided, the court shall order him or her to pay to the appointed attorney or the county, through the clerk of the court, such amount as it finds he or she is able to pay without incurring substantial hardship to himself or herself or to his or her family. Failure to obey an order under this section shall not be grounds for contempt or grounds for withdrawal by the appointed attorney, but an order under this section may be enforced by the payee in the manner of a civil judgment. Except as authorized herein, no person, organization or governmental agency may request or accept any payment or promise of payment for assisting in the representation of a defendant by court appointment.
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Ability to pay |
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Arizona | Ariz. R. Crim. P. 33.3 | Disposition of other contempts; notice and hearing |
Except as provided by law or by Rule 33.2, a person shall not be found in criminal contempt without a hearing held after notice of the charge. The hearing shall + See morebe set so as to allow a reasonable time for the preparation of the defense; the notice shall state the time and place of the hearing, and the essential facts constituting the contempt charged, the notice may be given orally by the judge in open court in the presence of the person charged, or by an order to show cause. The defendant is entitled to subpoena witnesses on his or her behalf and to release under Rule 7
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Ability to pay |
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Arizona | Arizona Rule 22 | Default by Defendant at Hearing |
(a) Except where Rule 21 is applicable, if the defendant fails to appear as required, theallegations of the complaint shall be deemed admitted, and the court shall enter a judgment + See morefor
the State, impose a civil sanction, and report such judgment to the Department of
Transportation, except that civil boating violation judgments shall not be reported to the
Department of Transportation.
(b) If it appears that the defendant is in active military service, no default judgment may be
entered.
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Enforcement |
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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 |