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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.
23 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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New Jersey | N.J. Stat. Ann. § 2B:12-23.1 | Inability to pay fine in full on date of court hearing |
Notwithstanding any other provision of law to the contrary, if a municipal court finds that a person does not have the ability to pay a penalty in full on the date + See moreof the hearing or has failed to pay a previously imposed penalty, the court may order the person to perform community service in lieu of the payment of a penalty; or, order the payment of the penalty in installments for a period of time determined by the court.
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All | Not provided for | Before imposition of fine or fee | Not provided for | Determined by judge after hearing | No |
Community service, installment plan |
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New Jersey | N.J. Stat. Ann. § 2B:12-23.1 | Default of payment |
If a person defaults on any payment and a municipal court finds that the defendant does not have the ability to pay, the court may: (1) reduce the penalty, suspend + See morethe penalty, or modify the installment plan; (2) order that credit be given against the amount owed for each day of confinement, if the court finds that the person has served jail time for the default; (3) revoke any unpaid portion of the penalty, if the court finds that the circumstances that warranted the imposition have changed or that it would be unjust to require payment; (4) order the person to perform community service in lieu of payment of the penalty; or (5) impose any other alternative permitted by law in lieu of payment of the penalty. b. For the purposes of this section, “penalty” means any fine, statutorily-mandated assessment, surcharge or other financial penalty imposed by a municipal court, except restitution or a surcharge assessed pursuant to subsection f. of section 1 of P.L.2000, c. 75 (C.39:4-97.2).
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All | Not provided for | At enforcement of fine or fee | Not provided for | Determined by judge after hearing | No |
(1) reduce the penalty, suspend the penalty, or modify the installment plan; (2) order that credit be given against the amount owed for each day of confinement, if the court finds that the person has served jail time for the default; (3) revoke any unpaid portion of the penalty, if the court finds that the circumstances that warranted the imposition have changed or that it would be unjust to require payment; (4) order the person to perform community service in lieu of payment of the penalty; or (5) impose any other alternative permitted by law in lieu of payment of the penalty
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New Jersey | N.J. Stat. Ann. § 2C:44-2 | Criteria for imposing fines |
a. The court may sentence a defendant to pay a fine in addition to a sentence of imprisonment or probation if: (1) The defendant has derived a pecuniary gain from the offense + See moreor the court is of opinion that a fine is specially adapted to deterrence of the type of offense involved or to the correction of the offender; (2) The defendant is able, or given a fair opportunity to do so, will be able to pay the fine; and (3) The fine will not prevent the defendant from making restitution to the victim of the offense... c. (1) In determining the amount and method of payment of a fine, the court shall take into account the financial resources of the defendant and the nature of the burden that its payment will impose.
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All | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes | Not provided for |
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New Jersey | N.J. Stat. Ann. § 2C:44-2 | Criteria for imposing restitution |
b. The court shall sentence a defendant to pay restitution in addition to a sentence of imprisonment or probation that may be imposed if: (1) The victim, or in the case + See moreof a homicide, the nearest relative of the victim, suffered a loss; and (2) The defendant is able to pay or, given a fair opportunity, will be able to pay restitution. c. (1) In determining the amount and method of payment of a fine, the court shall take into account the financial resources of the defendant and the nature of the burden that its payment will impose. (2) In determining the amount and method of payment of restitution, the court shall take into account all financial resources of the defendant, including the defendant's likely future earnings, and shall set the amount of restitution so as to provide the victim with the fullest compensation for loss that is consistent with the defendant's ability to pay. The court shall not reduce a restitution award by any amount that the victim has received from the Violent Crimes Compensation Board, but shall order the defendant to pay any restitution ordered for a loss previously compensated by the Board to the Violent Crimes Compensation Board. If restitution to more than one person is set at the same time, the court shall set priorities of payment.
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All | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes | Not provided for |
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New Jersey | N.J.Stat.Ann. § 2C:46-3 | Revocation of fine |
A defendant who has been sentenced to pay a fine may at any time petition the court which sentenced him for a revocation of the fine or of any unpaid + See moreportion thereof. If it appears to the satisfaction of the court that the circumstances which warranted the imposition of the fine have changed, or that it would otherwise be unjust to require payment, the court may revoke the fine or the unpaid portion thereof in whole or in part.
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All |
"would be otherwise unjust to require payment" |
At defendant's request at enforcement | Not provided for | Not provided for | No |
revoke the fine in whole or in part |
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New Jersey | N.J. Stat. Ann. § 2A:158A-16 | services rendered - ability to pay |
In all cases where it appears that the defendant has or reasonably expects to have means to meet some part, though not all, of the cost of the services rendered + See moreto him he shall be required to reimburse the office, either by a single payment or in installments, in such amounts as he can reasonably be expected to pay; but no default or failure in the making of any such payment shall in any wise affect or reduce the rendering of the services to him.
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All | Not provided for | Not provided for | Not provided for | Not provided for | Yes |
Not specified |
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New Jersey | N.J. Stat. Ann. § 2C:43-3.1 | defendant's ability to pay |
In imposing this assessment, the court shall consider factors such as the severity of the crime, the defendant's criminal record, defendant's ability to pay and the economic impact of the + See moreassessment on the defendant's dependents.
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All | Not provided for | Before imposition of fine or fee | Not provided for | Not provided for | Yes |
Not specified |
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New Jersey | N.J. Stat. Ann. § 2C:43-13.8 (West) | Conditional dismissal assessment, restitution and other assessments |
A defendant may apply for a waiver of the fee, by reason of poverty, pursuant to the Rules Governing the Courts of the State of New Jersey, or the court + See moremay permit the defendant to pay the conditional dismissal fee and other assessments in installments or may order other alternatives pursuant to section 1 of P.L.2009, c. 317 (C.2B:12-23.1).
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All | Not provided for | Not provided for | Not provided for | Not provided for | No |
waiver of fee, payment plan |
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New Jersey | N.J. Stat. Ann. § 2C:45-1 | Conditions of Suspension or Probation | This fee may be waived in cases of indigency upon application by the chief probation officer to the sentencing court. | All | Not provided for | Not provided for | Not provided for | Other | No |
waived |
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North Carolina | N.C. Gen. Stat. Ann. § 15A-1368.4(f) | Conditions of post-release supervision |
Required Supervision Fee.--The Commission shall require as a condition of post-release supervision that the supervisee pay a supervision fee of forty dollars ($40.00) per month. The Commission may exempt a supervisee from this condition only if it finds that requiring payment of the fee is an undue economic burden.
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All |
Undue economic burden. |
Before imposition of fine or fee | Not provided for | Administrative decision | No |
Fee waiver. |
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North Carolina | N.C. Gen. Stat. Ann. § 15A-1362(a)-(b) | Imposition of fines |
(a)General Criteria.--In determining the method of payment of a fine, the court should consider the burden that payment will impose in view of the financial resources of the defendant. (b) Installment or Delayed Payments.--When a defendant is ordered to pay a fine, the court may provide for the payment to be made within a specified period of time or in specified installments. If no such provision is made a part of the sentence, the fine is payable forthwith.
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All |
Burden that payment will impose in view of the financial resources of the defendant |
At enforcement of fine or fee | Not provided for | Not provided for | No |
Installment or delayed payments. |
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North Carolina | N.C. Gen. Stat. Ann. § 15A-1364(c) | Response to nonpayment |
(c) Modification of Fine or Costs.--If it appears that the default in the payment of a fine or costs is not attributable to failure on the defendant's part to make a good faith effort to obtain the necessary funds for payment, the court may enter an order: . . . (1) Allowing the defendant additional time for payment; or (2) Reducing the amount of the fine or costs or of each installment; or (3) Revoking the fine or costs or the unpaid portion in whole or in part.
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All |
Default in payment not attributable to failure on defendant's part to make good faith effort to obtain necessary funds |
At enforcement of fine or fee | Not provided for | Not provided for | No |
Modification, revocation of fine/fee, or payment plan. |
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North Carolina | N.C. Gen. Stat. Ann. § 15A-1363 | Remission of a fine or costs |
A defendant who has been required to pay a fine or costs, including a requirement to pay fine or costs as a condition of probation, or a prosecutor, may at any time petition the sentencing court for a remission or revocation of the fine or costs or any unpaid portion of it. If it appears to the satisfaction of the court that the circumstances which warranted the imposition of the fine or costs no longer exist, that it would otherwise be unjust to require payment, or that the proper administration of justice requires resolution of the case, the court may remit or revoke the fine or costs or the unpaid portion in whole or in part or may modify the method of payment.
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All |
Circumstances which warranted the imposition of the fine or costs no longer exist, that it would otherwise be unjust to require payment, or that the proper administration of justice requires resolution of the case.
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At defendant's request at enforcement | Burden on defendant to show inability to pay | Not provided for | No |
Court may remit or revoke the fine or costs or the unpaid portion in whole or in part or may modify the method of payment |
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North Carolina | N.C. Gen. Stat. Ann. § 15A-145.4(j) | Expunction of records for first offenders who are under 18 years of age at the time of the commission of a nonviolent felony |
(j) A person who files a petition for expunction of a criminal record under this section must pay the clerk of superior court a fee of one hundred seventy-five dollars ($175.00) at the time the petition is filed. Fees collected under this subsection are payable to the Administrative Office of the Courts. The clerk of superior court shall remit one hundred twenty-two dollars and fifty cents ($122.50) of each fee to the North Carolina Department of Public Safety for the costs of criminal record checks performed in connection with processing petitions for expunctions under this section. The remaining fifty-two dollars and fifty cents ($52.50) of each fee shall be retained by the Administrative Office of the Courts and used to pay the costs of processing petitions for expunctions under this section. This subsection does not apply to petitions filed by an indigent.
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All |
Indigent |
Before imposition of fine or fee | Not provided for | Administrative decision | No |
N/A |
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North Carolina | N.C. Gen. Stat. Ann. § § 15A-145(e) | Expunction of records for first offenders under the age of 18 at the time of conviction of misdemeanor; expunction of certain other misdemeanors |
A person who files a petition for expunction of a criminal record under this section must pay the clerk of superior court a fee of one hundred seventy-five dollars ($ 175.00) at the time the petition is filed. Fees collected under this subsection are payable to the Administrative Office of the Courts. The clerk of superior court shall remit one hundred twenty-two dollars and fifty cents ($ 122.50) of each fee to the North Carolina Department of Public Safety for the costs of criminal record checks performed in connection with processing petitions for expunctions under this section. The remaining fifty-two dollars and fifty cents ($ 52.50) of each fee shall be retained by the Administrative Office of the Courts and used to pay the costs of processing petitions for expunctions under this section. This subsection does not apply to petitions filed by an indigent.
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All |
Indigent |
Before imposition of fine or fee | Not provided for | Administrative decision | No |
N/A |
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North Carolina | N.C. Gen. Stat. Ann. § 15A-145.1(d) | Expunction of records for first offenders under the age of 18 at the time of conviction of certain gang offenses |
A person who files a petition for expunction of a criminal record under this section must pay the clerk of superior court a fee of one hundred seventy-five dollars ($ 175.00) at the time the petition is filed. Fees collected under this subsection are payable to the Administrative Office of the Courts. The clerk of superior court shall remit one hundred twenty-two dollars and fifty cents ($ 122.50) of each fee to the North Carolina Department of Public Safety for the costs of criminal record checks performed in connection with processing petitions for expunctions under this section. The remaining fifty-two dollars and fifty cents ($ 52.50) of each fee shall be retained by the Administrative Office of the Courts and used to pay the costs of processing petitions for expunctions under this section. This subsection does not apply to petitions filed by an indigent.
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All |
Indigent |
Before imposition of fine or fee | Not provided for | Administrative decision | No |
N/A |
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North Carolina | N.C. Gen. Stat. Ann. § 15A-145.2(d) | Expunction of records for first offenders not over 21 years of age at the time of the offense of certain drug offenses |
A person who files a petition for expunction of a criminal record under this section must pay the clerk of superior court a fee of one hundred seventy-five dollars ($ 175.00) at the time the petition is filed. Fees collected under this subsection are payable to the Administrative Office of the Courts. The clerk of superior court shall remit one hundred twenty-two dollars and fifty cents ($ 122.50) of each fee to the North Carolina Department of Public Safety for the costs of criminal record checks performed in connection with processing petitions for expunctions under this section. The remaining fifty-two dollars and fifty cents ($ 52.50) of each fee shall be retained by the Administrative Office of the Courts and used to pay the costs of processing petitions for expunctions under this section. This subsection does not apply to petitions filed by an indigent.
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All |
Indigent |
Before imposition of fine or fee | Not provided for | Administrative decision | No |
N/A |
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North Carolina | N.C. Gen. Stat. Ann. § 15A-145.3(d) | Expunction of records for first offenders not over 21 years of age at the time of the offense of certain toxic vapors offenses |
A person who files a petition for expunction of a criminal record under this section must pay the clerk of superior court a fee of one hundred seventy-five dollars ($ 175.00) at the time the petition is filed. Fees collected under this subsection are payable to the Administrative Office of the Courts. The clerk of superior court shall remit one hundred twenty-two dollars and fifty cents ($ 122.50) of each fee to the North Carolina Department of Public Safety for the costs of criminal record checks performed in connection with processing petitions for expunctions under this section. The remaining fifty-two dollars and fifty cents ($ 52.50) of each fee shall be retained by the Administrative Office of the Courts and used to pay the costs of processing petitions for expunctions under this section. This subsection does not apply to petitions filed by an indigent.
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All |
Indigent |
Before imposition of fine or fee | Not provided for | Administrative decision | No |
N/A |
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North Carolina | N.C. Gen. Stat. Ann. § 7A-452(a)-(c1) | Source of counsel; fees; appellate records |
(a) Upon the court's determination that a person is indigent and entitled to counsel under this Article, counsel shall be appointed in accordance with rules adopted by the Office of Indigent Defense Services. In noncapital cases, the court shall assign counsel pursuant to rules adopted by the Office of Indigent Defense Services. In capital cases, the Office of Indigent Defense Services or designee of the Office of Indigent Defense Services shall assign counsel; at least one member of each capital defense team, where practicable, shall be a member of the bar in that division. In the courts of those counties which have a public defender, however, the public defender may tentatively assign himself or an assistant public defender to represent an indigent person, subject to subsequent determination of entitlement to counsel by the court and approval by the court in noncapital cases and by the Office of Indigent Defense Services in capital cases.
(b) Fees of assigned counsel and salaries and other operating expenses of the offices of the public defenders shall be borne by the State. (c)(1) The clerk of superior court is authorized to make a determination of indigency and entitlement to counsel, as authorized by this Article. The word “court,” as it is used in this Article and in any rules pursuant to this Article, includes the clerk of superior court. |
All |
Indigent |
Before imposition of fine or fee | Not provided for | Other | No |
State pays counsel fees. |
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North Carolina | N.C. Gen. Stat. Ann .§ 7A-450 | Indigency; definition; entitlement; determination; change of status |
(a) An indigent person is a person who is financially unable to secure legal representation and to provide all other necessary expenses of representation in an action or proceeding enumerated in this Subchapter. An interpreter is a necessary expense as defined in Chapter 8B of the General Statutes for a deaf person who is entitled to counsel under this subsection.
(b) Whenever a person, under the standards and procedures set out in this Subchapter, is determined to be an indigent person entitled to counsel, it is the responsibility of the State to provide him with counsel and the other necessary expenses of representation. The professional relationship of counsel so provided to the indigent person he represents is the same as if counsel had been privately retained by the indigent person. (b1) An indigent person indicted for murder may not be tried where the State is seeking the death penalty without an assistant counsel being appointed in a timely manner. If the indigent person is represented by the public defender's office, the requirement of an assistant counsel may be satisfied by the assignment to the case of an additional attorney from the public defender's staff. (c) The question of indigency may be determined or redetermined by the court at any stage of the action or proceeding at which an indigent is entitled to representation. (d) If, at any stage in the action or proceeding, a person previously determined to be indigent becomes financially able to secure legal representation and provide other necessary expenses of representation, he must inform the counsel appointed by the court to represent him of that fact. In such a case, that information is not included in the attorney client privilege, and counsel must promptly inform the court of that information. |
All |
Indigent |
Before imposition of fine or fee | Not provided for | Other | No |
State provides for counsel. |
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