Ability to Pay

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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.

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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 Mexico N.M. Stat. Ann. § 31-16-5(B)-(C) Determination of indigency

B. In determining whether a person is a needy person and the extent of his inability to pay, the court concerned may consider such factors as income, property owned, outstanding obligations

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and the number and ages of his dependents. Release on bail does not necessarily prevent him from being a needy person. In each case, the person shall, subject to the penalties for perjury, certify in writing or by other record material factors relating to his ability to pay as the court prescribes.

C. To the extent that a person covered by Section 60 [31-16-3 NMSA 1978] of the Indigent Defense Act is able to provide for an attorney, the other necessary services and facilities of representation and court costs, the court may order him to provide for their payment.

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Factors considered: income, property owned, outstanding obligations and number and age of dependents

 Not provided for Not provided for Determined by judge without hearing Yes

Representation provided without costs
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 New Mexico N.M. Stat. Ann. § 30-18-1.2(C)-(D) Disposition of seized animals

C. An agent of the New Mexico livestock board, an animal control agency operated by the state, a county or a municipality, or an animal shelter or other animal welfare

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organization designated by an animal control agency or an animal shelter, in the custody of which an animal that has been cruelly treated has been placed may petition the court to request that the animal's owner may be ordered to post security with the court to indemnify the costs incurred to care and provide for the seized animal pending the disposition of any criminal charges of committing cruelty to animals pending against the animal's owner.
D. The court shall determine the amount of security while taking into consideration all of the circumstances of the case including the owner’s ability to pay, and may conduct periodic reviews of its order. If the posting of security is ordered, the animal control agency, animal shelter or animal welfare organization may, with permission of the court, draw from the security to indemnify the costs incurred to care and provide for the seized animal pending disposition of the criminal charges.

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Not provided for

 Before imposition of fine or fee Not provided for Determined by judge without hearing No

N/A
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 New Mexico N.M. Stat. Ann. § 31-1A-2(J) Procedures for post-conviction consideration of DNA evidence; requirements

The cost of DNA testing ordered pursuant to this section shall be borne by the state or the petitioner, as the district court may order in the interest of justice.

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Provided, that a petitioner shall not be denied DNA testing because of the petitioner's inability to pay for the cost of DNA testing. 

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Not provided for

 Before imposition of fine or fee Not provided for Determined by judge without hearing No

Cost paid by state.

 

 

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