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Below are the ability to pay laws that meet your search criteria. Many include a See related provisions prompt which searches our database for laws that may pertain to your result.
14 Results
State | Statute | Description/Statute Name | Statutory language | Level of offense | Definition of ability to pay | Timeline | Burden of proof | Method of determination | Mandatory | Remedies if unable to pay | |
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South Carolina | S.C. Code Ann. § 23-3-540(K) | Electronic monitoring; reporting damage to or removing monitoring device; penalty |
(K) The person must be charged for the cost of the active electronic monitoring device and the operation of the active electronic monitoring device for the duration of the time + See morethe person is required to be electronically monitored. The Department of Probation, Parole and Pardon Services may exempt a person from the payment of a part or all of the cost during a part or all of the duration of the time the person is required to be electronically monitored, if the Department of Probation, Parole and Pardon Services determines that exceptional circumstances exist such that these payments cause a severe hardship to the person.
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exceptional circumstances exist such that these payments cause a severe hardship to the person |
Before imposition of fine or fee | Not provided for | Administrative decision | No |
waiver of all or part of fee |
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South Carolina | S.C. Code Ann. § 17-3-30(B) | Affidavit of inability to employ counsel; payment of indigent's assets to state; application fee; waiver or reduction of fee |
If the clerk or other appropriate official determines that the person is unable to pay the application fee, the fee may be waived or reduced, provided that if the fee + See moreis waived or reduced, the clerk or appropriate official shall report the amount waived or reduced to the trial judge upon sentencing and the trial judge shall order the remainder of the fee paid during probation if the person is granted probation.
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All | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | No |
fee waived or reduced |
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South Carolina | S.C. Code Ann. § 17-3-45(B) | Affidavit of assets of persons seeking appointed counsel; application fee |
If it is determined that the person is unable to pay the application fee, the fee may be waived or reduced, provided that if the fee is waived or reduced, + See morethe clerk or appropriate official shall report the amount waived or reduced to the trial judge and the trial judge shall order the remainder of the fee paid during probation if the person is granted probation or by a time payment method if probation is not granted or appropriate.
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All | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | No |
fee waived or reduced |
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South Carolina | S.C. Code Ann. § 17-22-110 | Fees for application and participation; waiver | All fees or costs of supervision may be waived partially or totally by the solicitor in cases of indigency. | All | Not provided for | Not provided for | Not provided for | Not provided for | No |
partial or total waiver of fees |
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South Carolina | S.C. Code Ann. § 17-25-322(B) | Restitution to crime victim by person convicted of crime; hearing; determination of method, manner, and amount; entry of order |
(B) In determining the manner, method, or amount of restitution to be ordered, the court may take into consideration the following:(1) the financial resources of the defendant and the victim + See moreand the burden that the manner or method of restitution will impose upon the victim or the defendant;
(2) the ability of the defendant to pay restitution on an installment basis or on other conditions to be fixed by the court;
(3) the anticipated rehabilitative effect on the defendant regarding the manner of restitution or the method of payment;
(4) any burden or hardship upon the victim as a direct or indirect result of the defendant's criminal acts;
(5) the mental, physical, and financial well-being of the victim.
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All |
financial resources of the defendant and the victim and the burden that the manner or method of restitution will impose upon the victim or the defendant |
Before imposition of fine or fee | Not provided for | Not provided for | No |
not specified |
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Virginia | Va. Code Ann. § 19.2-355 | Petition of defendant |
(a) In determining whether the defendant is unable to pay such fine forthwith, the court may require such defendant to file a petition, under oath, with the court, upon a + See moreform provided by the court, setting forth the financial condition of the defendant.
(b) Such form shall be a questionnaire, and shall include, but shall not be limited to: the name and residence of the defendant; his occupation, if any; his family status and the number of persons dependent upon him; his monthly income; whether or not his dependents are employed and, if so, their approximate monthly income; his banking accounts, if any; real estate owned by the defendant, or any interest he may have in real estate; income produced therefrom; any independent income accruing to the defendant; tangible and intangible personal property owned by the defendant, or in which he may have an interest; and a statement listing the approximate indebtedness of the defendant to other persons. Such form shall also include a payment plan of the defendant, if the court should exercise its discretion in permitting the payment of such fine and costs in installments or other conditions to be fixed by the court.
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All | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | No |
permitting the payment of such fine and costs in installments or other conditions to be fixed by the court |
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Virginia | Va. Code Ann. § 19.2-358(C) | Show cause hearing on default |
B. Following the order to show cause or following a capias issued for a defendant's failure to comply with a court order to appear issued pursuant to subsection A of + See more§ 19.2-354, unless the defendant shows that his default was not attributable to an intentional refusal to obey the sentence of the court, or not attributable to a failure on his part to make a good faith effort to obtain the necessary funds for payment, or unless the defendant shows that any failure to appear was not attributable to an intentional refusal to obey the order of the court, the court may order the defendant confined as for a contempt for a term not to exceed sixty days or impose a fine not to exceed $500. The court may provide in its order that payment or satisfaction of the amounts in default at any time will entitle the defendant to his release from such confinement or, after entering the order, may at any time reduce the sentence for good cause shown, including payment or satisfaction of such amounts.
C. If it appears that the default is excusable under the standards set forth in subsection B hereof, the court may enter an order allowing the defendant additional time for payment, reducing the amount due or of each installment, or remitting the unpaid portion in whole or in part.
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All | Not provided for | At enforcement of fine or fee | Burden on defendant to show inability to pay | Determined by judge after hearing | No |
additional time for payment, reducing the amount due or of each installment, or remitting the unpaid portion in whole or in part |
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Virginia | Va. Code Ann. § 19.2-363 | Authority of Governor to grant relief from fines and penalties in case of deceased defendant |
provided, that when the party against whom the fine or penalty has been imposed and judgment rendered therefor has departed this life leaving a spouse or children surviving, the Governor + See moremay remit such fine or penalty upon the certificate of the judge of the circuit court of the county or city wherein such fine or penalty was imposed and judgment rendered, that to enforce the same against the estate, real or personal, of the decedent, would impose hardship upon the spouse or children
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would impose hardship upon the spouse or children |
At defendant's request at enforcement | Not provided for | Determined by judge after hearing | No |
remittance |
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Virginia | Va. Code Ann. § 18.2-271.1(B) | Waiver of fee - indigency | Upon a positive finding that the defendant is indigent, the court may reduce or waive the fee. | All |
Indigence |
Not provided for | Not provided for | Not provided for | No |
waiver of fee |
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Wyoming | Wyo. Stat. Ann. § 7-11-402(a) | Subpoena of witnesses for indigent defendants |
(a) Upon application of a defendant and upon a satisfactory showing that the defendant is financially unable to pay the fees of a witness and that the presence of the witness is necessary to an adequate defense, the court shall order that a subpoena be issued for service on a named witness and order that all fees and costs incurred be paid as provided by subsection (b) of this section.
(b) If the court orders a subpoena to be issued under this section, the costs incurred and the fees of the witness so subpoenaed shall be paid by the public defender's office. |
All | Not provided for | At enforcement of fine or fee | Not provided for | Determined by judge without hearing | No |
Fees of the witness so subpoenaed shall be paid by the public defender's office |
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Wyoming | Wyo. Stat. Ann. § 7-11-506 | Trial transcript for indigent prisoner upon appeal |
Any person sentenced to imprisonment in a state penal institution, who appeals to the supreme court, may file, in the court in which that person was convicted, a petition requesting that the person be furnished with a stenographic transcript of the proceedings at that person's trial. The petition shall be verified by the petitioner and shall state facts showing that at the time of conviction and at the time of filing the petition that person was without financial means to pay for the transcript. If the judge who imposed sentence, or any other judge of the court, finds that the defendant is without financial means with which to obtain the transcript of the proceedings at trial, the judge shall order the reporter to transcribe an original and copy of the reporter's notes. The original of the transcript shall be filed with the clerk and the copy shall be delivered to the defendant without charge. The reporter's fees for preparation of the transcript shall be the same as those prescribed in W.S. 5 3 410, and shall be paid by the county in which the conviction is had.
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All |
Without financial means with which to obtain the transcript |
At defendant's request before imposition of fine or fee | Burden on defendant to show inability to pay | Determined by judge without hearing | No |
Copy of original transcript delivered to the defendant without charge |
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Wyoming | Wyo. Stat. Ann. § 7-16-204(b) | Representation of needy persons |
(b) Appointed counsel, services and facilities necessary for representation, and court costs shall be provided at public expense to the extent that the person, at the time the court determines need, is unable to provide for their payment.
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All |
Not provided for |
Before imposition of fine or fee | Not provided for | Determined by judge without hearing | No |
Appointed counsel, services and facilities necessary for representation, and court costs shall be provided at public expense |
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Wyoming | Wyo. Stat. Ann. § 14-6-235(c)-(d) | Fees, costs and expenses |
(c) Legal services rendered to a child for his benefit and protection are necessities which the child's parents or any person obligated by law for the child's support may be held responsible. In every case in which a guardian ad litem has been appointed to represent the child under W.S. 14-6-216 or in which counsel has been appointed under W.S. 14-6-222 to represent the child, the child's parents, guardian or other person responsible for the child's support, the court shall determine whether the child, the child's parents, guardian or other person responsible for the child's support is able to pay part or all of the costs of representation and shall enter specific findings on the record. If the court determines that any of the parties is able to pay any amount as reimbursement for costs of representation, the court shall order reimbursement or shall state on the record the reasons why reimbursement was not ordered. The court may also in any case order that all or any part of the costs and expenses enumerated in paragraphs (b)(i), (iii), (iv) and (vii) of this section, be reimbursed to the county by the child, his parents or any person legally obligated for his support, or any of them jointly and severally, upon terms the court may direct. An order for reimbursement of costs made pursuant to this subsection may be enforced as provided in W.S. 14-6-236. Any reimbursement ordered for guardian ad litem services provided pursuant to W.S. 14-12-101 through 14-12-104 shall be apportioned between the county and the guardian ad litem program in accordance with payments made for those services.
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All | Not provided for | At enforcement of fine or fee | Not provided for | Determined by judge without hearing | No |
Reimbursement for costs of representation; reimbursement for expenses of probation. |
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Wyoming | Wyo. R. Crim. P. 44(b),(d) | Right to Assignment of Counsel |
(b) Procedure. The procedures for implementing the right set out in subdivision (a) shall be those provided by W.S. 7-6-101 et seq. and by these rules. The appointment of counsel for delinquency cases is governed by W.S. 14-6-222 and, fees, costs and expenses for delinquency cases are governed by W.S. 14-6-235.
(1) The determination of a defendant's eligibility for appointed counsel is a judicial function. An attorney should be appointed at the earliest time after a defendant makes a request, but only after appropriate inquiry into the defendant's financial circumstances and a determination of eligibility. (2) A defendant requesting appointed counsel must submit a financial affidavit or provide sworn testimony on the record detailing income, expenses, assets and liabilities and may be required to update the affidavit or testimony from time to time. (3) The judicial officer shall advise any defendant who has requested appointed counsel that, to the extent of ability to do so, the defendant will be required to contribute to the cost of representation. At the time counsel is appointed, the judicial officer shall determine the defendant's ability to make monthly or other periodic payments and require the defendant to make such payments to the clerk of the court as a condition of the appointment. (4) If at any time after appointment it appears to a judicial officer that a defendant is financially able to make payment, in whole or in part, for legal services, the judicial officer shall require such payments or terminate the appointment. (5) A separate order of appointment shall be entered as part of the record by the court for each defendant. (6) After a hearing, a judicial officer may permit a defendant to withdraw a request for appointed counsel. (7) If appointed counsel obtains information that a client is financially able to make payment in whole or in part for legal services in connection with his or her representation and the source of the attorney's information is not protected as a privileged communication, counsel shall advise the court and ask that the person be required to contribute to the cost of representation or that the appointment be terminated. (8) Appointed counsel shall represent the defendant at every stage from initial appearance through appeal; however, the appellate section of the public defender's office may be substituted for trial counsel to handle an appeal.
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Indigency - A person is entitled to the appointment of counsel if, at the time counsel is needed, the person is unable to provide for the full payment of an attorney and all other necessary expenses of representation. In making a determination of eligibility, the judicial officer shall consider:
(1) The probable cost of representation given the number and severity of the offenses charged and the factual and legal complexity of the case. (2) The defendant's income from all sources and the defendant's capacity to earn income. (3) The expenses of the defendant's household and whether a spouse or roommate contributes or ought to contribute to those expenses. (4) The defendant's responsibility for the support of others. (5) The defendant's assets whether held individually or with others. (6) The defendant's debts and the periodic payments due on the debts. (7) The defendant's capacity to borrow money. |
At enforcement of fine or fee | Burden on defendant to show inability to pay | Determined by judge without hearing | No |
Counsel appointed |
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