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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 Washington DC DC ST § 23-106 Witnesses for defense; fees
The court shall order at any time that a subpoena be issued for service upon a named witness on behalf of a defendant if the defendant makes an application for
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such an order and makes a satisfactory showing that he is financially unable to pay the fees of the witness and that the presence of the witness is necessary to an adequate defense. If the court orders the subpoena to be issued the costs incurred by the process and the fees of the witness so subpoenaed shall be paid in the same manner in which similar costs and fees are paid in case of a witness subpoenaed in behalf of the prosecuting authority.
 All Not provided for At defendant's request before imposition of fine or fee Burden on defendant to show inability to pay Not provided for Yes

Subpoena and witness fees will be paid by government
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 Washington DC DC ST § 11-2605 Services other than counsel
Counsel for a person who is financially unable to obtain investigative, expert, or other services necessary for an adequate defense may request them in an ex parte application. Upon finding,
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after appropriate inquiry in an ex parte proceeding, that the services are necessary and that the person is financially unable to obtain them, the court shall authorize counsel to obtain the services.
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financially unable to obtain necessary services

 At defendant's request before imposition of fine or fee Burden on defendant to show inability to pay Determined by judge after hearing No

Cost paid for
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 Washington DC D.C. Super. Ct. R. Crim. P. 113 (b) Witness fees
Payment from public funds. No witness entitled to any payment under paragraph (a) shall be paid from public funds except upon certification
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of the witness that the witness was compelled by subpoena to attend as a witness on behalf of a defendant unable to pay or was present pursuant to the direction of the Court or prosecutor, in a specified pending criminal case and that the witness did attend. Such certification shall be endorsed by the Court or by the counsel of record issuing the subpoena or direction and shall be submitted to the Clerk of the Court for certification. The Executive Officer upon submission of the endorsed and verified certification shall make payment by cash or check
 All Not provided for Not provided for Burden on defendant to show inability to pay Not provided for No

Cost paid for

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