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How do you use Oklahoma Court rule 8.5?

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arjune

Junior Member
What is the name of your state (only U.S. law)? Oklahoma

Oklahoma court rule 8.5 states

Rule 8.5 Inability to Pay Installments Because of Physical Disability or Poverty

In the event the defendant, because of physical disability or poverty, is unable to pay fine and/or costs either immediately or in installment payments, he/she must be relieved of the fine and/or costs; or, in the alternative, be required to report back to the court at a time fixed by the court to determine if a change of condition has made it possible for the defendant to commence making installment payments toward the satisfaction of fine and/or costs.

Even though the law states this is true we cant figure out how to make use of it. The person in question is attempting to enter into a two year rehabilitation program. The problem is that entering the program is voluntary not court ordered. The person in question believes that this program will help them to gain control over their life so they will be better able to maintain a job and pay fines afterward. During the time that they are in the program they will be legally considered indigent. The program director will send a letter to the counties in question saying that because of the rules of the program they will not be able to earn an income and will be considered indigent. It is an inpatient facility. The counties in question say that their is no provisions to help him with fines or place a hold on the fines while they are in the program. Hovever Oklahoma court rule 8.5 says that this person would have to be relieved of the fine until such time as they are able to resume payments. How does one make use of this rule? Are there forms to file? This person cannot afford to consult a lawyer (obviously). The program they are entering is a small one time fee so it cannot be said that they are spending money on the rehabilitation program. How can this person make use of this rule? The court says if he goes to the program and does not make payments they will put him back in jail. This person has been in and out of jail multiple times for inability to pay these fines with no consideration for the circumstances. Now this person wants to take steps to get their life back and help insure financial stability for the future and the court is refusing to work with them.
 



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