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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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Virginia | Va. Sup.Ct. Rule 3B:2 | Rules of Supreme Court of Virginia Part Three B Traffic Infractions and Uniform Fine Schedule |
For any offense listed below, whether prescribed by the specified State statute or by a parallel local ordinance adopted pursuant to the authority granted in Virginia Code § 46.2-1300, a + See moredriver may enter a written appearance, waiver of court hearing, plea of guilty, and pay fines and costs. For traffic offenses not listed below, a court hearing is required. Nothing in this Rule affects bonding procedures for those offenses not listed below. Likewise, nothing in this Rule shall be construed to alter the operation of or the penalties prescribed pursuant to §§ 46.2-1220 through 46.2-1230. This schedule is applied uniformly through out the Commonwealth, and a clerk or magistrate may not impose a fine different from the amounts shown here. Costs shall be paid in accordance with the provisions of the Code of Virginia or any rules or regulations promulgated thereunder. This schedule does not restrict the fine a judge may impose for an offense listed here in any case for which there is a court hearing.
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Fines and fees |
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Virginia | Va. Sup.Ct. Rule 3C:2 | Rules of Supreme Court of Virginia Part Three C Non-Traffic Prepayable Offenses and Uniform Fine Schedule |
Any person charged with any offense list ed below may enter a written appearance,waiver of court hearing, plea of guilty, and pay fines and costs. This schedule is applied + See moreuniformly throughout the Commonwealth, and a clerk or magistrate may not impose a fine different from the amounts shown here. Costs shall be paid in accordance with the provisions of the Code of Virginia or any rules or regulations promulgated thereunder. The schedule does not restrict the fine a judge may impose for an offense listed here in any case for which there is a court hearing. Where injury to the person is involved, prepayment may not be made, even though the offense or violation appears on the list below. See Va. Code §16.1-69.40:2(A). A violation of a provision of Title 28.2 may be prepaid only if the person has not violated a provision of Title 28.2 within the past 12 months. See Va. Code §28.2 - 903. A violation of any of the provisions of
the hunting, trapping, or inland fish laws, or of§18.2-132, or any regulations adopted by the Board of Game and Inland Fisheries pursuant thereto, may be prepaid only if the person has not violated any of those provisions within the past three years. See Va. Code §29.1-338. Any person charged with any offense listed below may enter a written appearance, waiver of court hearing, plea of guilty, and pay fines and costs. This schedule is applied uniformly throughout the Commonwealth, and a clerk or magistrat
e may not impose a fine different from the amounts shown here. Costs shall be paid in
accordance with the provisions of the Code of Virginia or any rules or regulations promulgated thereunder. The schedule does not restrict the fine a judge may impose for an offense listed here in any case for which there is a court hearing. Where injury to the person is involved, prepayment may not be made, even though the
offense or violation appears on the list below. See Va. Code §16.1-69.40:2(A). A violation of a provision of Title 28.2 may be prepaid only if the person has not violated
a provision of Title 28.2 within the past 12 months. See Va. Code §28.2-903. A violation of any of the provisions of the hunting, trapping, or inland fish laws, or of §18.2-132, or any regulations adopted by the Board of Game and Inland Fisheries pursuant thereto, may be prepaid only if the person has not violated any of those provisions within the past three years. See Va. Code §29.1-338.
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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 |