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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
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fine, 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.
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
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costs 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.
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
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be 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
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
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for 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.
Enforcement
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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.
Fines and fees
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Florida Fla. R. Judicial Admin. 2.265(c) Municipal ordinance violations
Collection of Outstanding Fines. All cases for which outstanding fines, civil penalties, and costs are being collected by a municipality shall be retained by the municipality until collected or until
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the offender defaults on payment. If a default occurs, the municipality may institute summary claims proceedings to collect the outstanding fines.
Enforcement
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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.
Fines and fees
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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.
Ability to pay
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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.
Fines and fees
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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.
Fines and fees
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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
Iv. The first $50.00 of any fees or costs collected on a case by the Clerk of Court will go toward satisfaction of the Public Defender Application fee, pursuant
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to section 27.52, Florida Statutes.
Enforcement
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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.
Fines and fees
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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.
Fines and fees
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Florida Adm. Order No. 2000-03 (Second Circuit) In re: Investigative costs in criminal cases
Clerks of the Circuit Court in and for the Second Judicial Circuit of Florida are hereby ordered to receive and disburse payments as reimbursement for investigative costs as may be
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ordered in criminal cases. A service charge for the Clerk of the Circuit Court is hereby established in the amount of two dollars ($2.00) per assessment. Upon receipt of payments or installment payments for reimbursement of investigative costs, the Clerk shall, after deducting the service charge of two dollars ($2.00), deposit said payments into the investigative costs account and shall credit the account of each defendant with each payment as received. The Clerk shall disburse all accumulated payments at the end of each month to the proper recipient of said reimbursement, along with a specific breakdown of the disbursements.
Enforcement
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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;
Fines and fees
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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;
Fines and fees
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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.
Fines and fees
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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. PA/PI-CIR-00-44 (Sixth Circuit) Re: Fines and costs as condition of probation
In order to ensure that fines and costs are paid prior to termination of probation, it is hereby ORDERED:
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1. Unless otherwise ordered by the Court, all fines and costs assessed in county and circuit criminal court shall be made a condition of probation. 2. Probation agencies shall check and shall ensure that all fines and costs are paid prior to the termination of the probation period. 3. Prior to the probation agency requesting early termination of the probation period the agency shall ensure that all fines and costs have been paid.
Enforcement
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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.
Fines and fees