(a) In determining whether the defendant is unable to pay such fineforthwith, the court may require such defendant to file a petition, underoath, with the court, upon a form provided by the court, setting forth thefinancial condition of the defendant.
(b) Such form shall be a questionnaire, and shall include, but shall not belimited to: the name and residence of the defendant; his occupation, if any;his family status and the number of persons dependent upon him; his monthlyincome; whether or not his dependents are employed and, if so, theirapproximate monthly income; his banking accounts, if any; real estate ownedby the defendant, or any interest he may have in real estate; income producedtherefrom; any independent income accruing to the defendant; tangible andintangible personal property owned by the defendant, or in which he may havean interest; and a statement listing the approximate indebtedness of thedefendant to other persons. Such form shall also include a payment plan ofthe defendant, if the court should exercise its discretion in permitting thepayment of such fine and costs in installments or other conditions to befixed by the court. At the end of such form there shall be printed in boldface type, in a distinctive color the following: THIS STATEMENT IS MADE UNDEROATH, ANY FALSE STATEMENT OF A MATERIAL FACT TO ANY QUESTION CONTAINED HEREINSHALL CONSTITUTE PERJURY UNDER THE PROVISIONS OF § 18.2-434 OF THE CODE OFVIRGINIA. THE MAXIMUM PENALTY FOR PERJURY IS CONFINEMENT IN THE PENITENTIARYFOR A PERIOD OF TEN YEARS. A copy of the petition shall be retained by thedefendant.
(c) If the defendant is unable to read or write, the court, or the clerk, mayassist the defendant in completing the petition and require him to affix hismark thereto. The consequences of the making of a false statement shall beexplained to such defendant.
(Code 1950, § 19.1-347.2; 1971, Ex. Sess., c. 250; 1975, c. 495.)
(a) In determining whether the defendant is unable to pay such fineforthwith, the court may require such defendant to file a petition, underoath, with the court, upon a form provided by the court, setting forth thefinancial condition of the defendant.
(b) Such form shall be a questionnaire, and shall include, but shall not belimited to: the name and residence of the defendant; his occupation, if any;his family status and the number of persons dependent upon him; his monthlyincome; whether or not his dependents are employed and, if so, theirapproximate monthly income; his banking accounts, if any; real estate ownedby the defendant, or any interest he may have in real estate; income producedtherefrom; any independent income accruing to the defendant; tangible andintangible personal property owned by the defendant, or in which he may havean interest; and a statement listing the approximate indebtedness of thedefendant to other persons. Such form shall also include a payment plan ofthe defendant, if the court should exercise its discretion in permitting thepayment of such fine and costs in installments or other conditions to befixed by the court. At the end of such form there shall be printed in boldface type, in a distinctive color the following: THIS STATEMENT IS MADE UNDEROATH, ANY FALSE STATEMENT OF A MATERIAL FACT TO ANY QUESTION CONTAINED HEREINSHALL CONSTITUTE PERJURY UNDER THE PROVISIONS OF § 18.2-434 OF THE CODE OFVIRGINIA. THE MAXIMUM PENALTY FOR PERJURY IS CONFINEMENT IN THE PENITENTIARYFOR A PERIOD OF TEN YEARS. A copy of the petition shall be retained by thedefendant.
(c) If the defendant is unable to read or write, the court, or the clerk, mayassist the defendant in completing the petition and require him to affix hismark thereto. The consequences of the making of a false statement shall beexplained to such defendant.
(Code 1950, § 19.1-347.2; 1971, Ex. Sess., c. 250; 1975, c. 495.)
(a) In determining whether the defendant is unable to pay such fineforthwith, the court may require such defendant to file a petition, underoath, with the court, upon a form provided by the court, setting forth thefinancial condition of the defendant.
(b) Such form shall be a questionnaire, and shall include, but shall not belimited to: the name and residence of the defendant; his occupation, if any;his family status and the number of persons dependent upon him; his monthlyincome; whether or not his dependents are employed and, if so, theirapproximate monthly income; his banking accounts, if any; real estate ownedby the defendant, or any interest he may have in real estate; income producedtherefrom; any independent income accruing to the defendant; tangible andintangible personal property owned by the defendant, or in which he may havean interest; and a statement listing the approximate indebtedness of thedefendant to other persons. Such form shall also include a payment plan ofthe defendant, if the court should exercise its discretion in permitting thepayment of such fine and costs in installments or other conditions to befixed by the court. At the end of such form there shall be printed in boldface type, in a distinctive color the following: THIS STATEMENT IS MADE UNDEROATH, ANY FALSE STATEMENT OF A MATERIAL FACT TO ANY QUESTION CONTAINED HEREINSHALL CONSTITUTE PERJURY UNDER THE PROVISIONS OF § 18.2-434 OF THE CODE OFVIRGINIA. THE MAXIMUM PENALTY FOR PERJURY IS CONFINEMENT IN THE PENITENTIARYFOR A PERIOD OF TEN YEARS. A copy of the petition shall be retained by thedefendant.
(c) If the defendant is unable to read or write, the court, or the clerk, mayassist the defendant in completing the petition and require him to affix hismark thereto. The consequences of the making of a false statement shall beexplained to such defendant.
(Code 1950, § 19.1-347.2; 1971, Ex. Sess., c. 250; 1975, c. 495.)
