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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 Connecticut Conn. Gen. Stat. § 54-74. Remission of fine.
Any judge of the Superior Court may remit any fine, if in his judgment such course will tend to the reformation of offenders or the furtherance of the ends of
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justice.
 All Not provided for At enforcement of fine or fee Not provided for Not provided for No

Remission of fine
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 Connecticut Conn. Gen. Stat. § 54-147 Rules for payment of expenses. Waiver of fee or cost.
(a) The judges of the Superior Court may establish rules, in addition to those established by statute, for the payment of the expenses of all criminal proceedings or prosecutions, except
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such expenses as are incurred by the Division of Criminal Justice.(b) No fee or cost imposed pursuant to any provision of the general statutes on a person who is a defendant or has been convicted in a criminal proceeding or prosecution shall be waived by the court, except as authorized by such provision or for good cause shown.
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"good cause shown" to waive fees

 Before imposition of fine or fee Burden on defendant to show inability to pay Not provided for No

waiver of fee or cost
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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

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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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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

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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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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

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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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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

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resolution of the case.

 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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