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State | Citation | Description/Statute Name | Language from the rule | When does the rule apply? | |
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Utah | Utah R. Crim. P. 15 | Expert Witnesses and Interpreters |
The court shall determine the reasonable compensation of the expert and direct payment thereof. The parties may call expert witnesses of their own at their own expense. Upon showing that + See morea defendant is financially unable to pay the fees of an expert whose services are necessary for adequate defense, the witness fee shall be paid as if he were called on behalf of the prosecution.
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Ability to pay |
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Utah | Utah R. Crim. P. 27A | Stays Pending Appeal from a Court not of Record --Appeals for a Trial De Novo | Upon the timely filing of a notice of appeal for a trial de novo, the court shall: (b)(1) order stayed any fine or fee payments until the appeal is resolved | Fines and fees |
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Utah | Utah R. Crim. P. 27B | Stays Pending Appeal from a Court not of Record--Hearings De Novo, DUI, and Reckless Driving Cases | (d) Fine and Fee payments. Fine and fee payments shall be stayed pending resolution of the appeal. | Fines and fees |
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Utah | Utah R. Juv. P. 26 | Rights of Minors in Delinquency Proceedings |
If the parent, guardian or custodian of a minor is found not to be indigent, but does not or will not retain counsel for the minor and the minor has + See moreno means to retain counsel, the court may appoint counsel at public expense. However, the court may order, after giving the parent, guardian or custodian reasonable opportunity to be heard, that the parent, guardian or custodian reimburse the county for the cost of appointed counsel, in whole or in part, depending on ability to pay.
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Ability to pay |
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Utah | Utah R. J. Admin. 6-303 | Collection of Fines and Restitution |
Upon order of the court, the Department of Corrections shall be responsible for the collection and distribution of fines and restitution during the probation period in cases where the court + See moreorders supervised probation by the Department.
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Enforcement |
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Utah | Utah R. J. Admin. 6-303 | Collection of Fines and Restitution |
If a defendant fails to pay the amount of fines and restitution ordered by the court pursuant to the payment schedule established by the Department, the Department shall file a + See moreprogress/violation report with the court. The report shall contain any explanation concerning the defendant's failure to pay and a recommendation as to whether the defendant's probation should be modified, continued, terminated or revoked or whether the defendant should be placed on bench probation for the limited purpose of enforcing the payment of fines or restitution.
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Enforcement |
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Washington DC | D.C. Super. Ct. R. Crim. P. CJA | Plan for Furnishing Representation to Indigents Under the District of Columbia Criminal Justice Act |
B. Determination of the Need for Counsel. In every criminal case in which a person is charged with a felony, misdemeanor, or other offense involving the possibility of imprisonment, or + See morewith juvenile delinquency or in need of supervision, or with a violation of probation, and appears without counsel, the Court shall advise the person that he or she has the right to be represented by counsel and that counsel will be appointed if desired and if he or she is financially unable to obtain counsel.
In connection with any appointment of counsel made pursuant to the Criminal Justice Act, it shall be the duty of the Criminal Justice Act Office of the Public Defender Service, under the supervision of the Court, to determine whether a person is financially unable to obtain adequate representation. This obligation shall extend to both cases prosecuted by the United States and cases prosecuted by the District of Columbia. All statements made by a person in such an inquiry shall be made by affidavit, in such form as the Public Defender Service may prescribe, sworn to before a judicial officer, court clerk, deputy clerk, or notary public, and shall be retained in the case file. At any time while such person is represented by an attorney appointed pursuant to the Criminal Justice Act, the judicial officer presiding over such person's case may compare such affidavit with other statements made by such person when seeking pre-trial release or in the pre-sentence investigation process concerning his or her employment status or financial means and may take such action, if any, as may be appropriate under the circumstances and consistent with applicable law. If at any time after the appointment of counsel the Court finds that a person is financially able to obtain counsel or to make partial payment for representation, the Court may terminate the Criminal Justice Act appointment of counsel, order that any funds available to the person be paid as provided in D.C. Code § 11-2606 (2001), or take other appropriate action. Any funds required to be paid by the person pursuant to D.C. Code § 11-2606 shall be ordered payable to the Court.
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Ability to pay |