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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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Georgia | Ga. Unif. Super. Ct. R. 36.15 | Assessment of Costs--Criminal | When costs are assessed the minimum amount assessed as court costs in the disposition of any criminal offense shall be $100.00. | Fines and fees |
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Georgia | Ga. R Unif. Mun. Ct. R. 21 | Appointment of Counsel for Indigent Defendants |
The municipal court shall have a procedure and forms consistent with state law in order to determine indigence and to appoint counsel to defendants who apply and qualify for appointed + See morecounsel. The applications shall be available though the clerk of the municipal court.
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Ability to pay |
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Massachusetts | S.J.C. Rule 3:10(10)(a) | Assignment of Counsel |
If a judge determines that a party is indigent, the judge may not order, require, or solicit the party to make any payment toward the cost of counsel, except for + See morean indigent counsel fee. The indigent counsel fee shall be waived where a judge, after the indigency verification process, determines that the party is unable without substantial financial hardship to pay the indigent counsel fee within 180 days. Where the indigent counsel fee is not waived, the judge may authorize the party to perform community service in lieu of payment of the indigent counsel fee in accordance with G. L. c. 211D, § 2A(g). The clerk shall enter the judge's determination on the court docket.
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Ability to pay |
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Massachusetts | S.J.C. Rule 3:10(10)(b) | Assignment of Counsel |
If a judge determines that a party is indigent but able to contribute, the judge shall order the party to pay the indigent counsel fee plus a contribution fee based + See moreon the financial circumstances of the party, provided that the amount of the contribution fee shall not cause substantial financial hardship. The party shall be given an opportunity to be heard and to present information, including witness affidavits or testimony, regarding whether the contribution fee would cause substantial financial hardship.
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Fines and fees |
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Massachusetts | Mass. R. Crim P. 10(b) | Continuances |
When a continuance is granted upon the motion of either the Commonwealth or the defendant without adequate notice to the adverse party, causing the adverse party to incur unnecessary expenses, + See morea judge may in his discretion assess those expenses as costs against the party or counsel requesting the continuance.
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Fines and fees |
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Massachusetts | Mass. R. Crim P. 6(d)(1) | Summons to Appear; Arrest Warrant | A judge may order that expenses incurred as a result of the entry of a default against a defendant are to be assessed as costs against the defendant. | Fines and fees |
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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 |