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2 Results
State | Citation | Description/Statute Name | Question | Brief answer | Language from the opinion | When does the case apply? | |
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Louisiana | Op. Att'y Gen. No. 97-237 (June 18, 1997) | Uniform eligibility criteria for indigency standards | Does allowing different municipalities to set their own indigency standards or fines/fees violate the equal protection afforded by the state’s constitution? | Unclear, but different municipalities are required by statute to have the same standards |
(d) uniform eligibility criteria for determining indigency and the eligibility of defendants to qualify for indigent defender representation at the district and state level;(citing language from statute creating the Louisiana + See moreDefense Board)
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Ability to pay |
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Arkansas | Opinion No. 2008-153 | district court discretion to refuse probation sentence |
Q2) Does a circuit or district court have discretion to refuse to sentence a defendant to probation pursuant to a plea agreement where the only stated reason for rejection of + See moreprobation is due to an indigent defendant's inability to pay court costs prior to the entry of the plea of guilty? Answer) No
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I believe a court's refusal to consider probation as a sentencing option purely because of a defendant's indigency -- which is what your question appears to contemplate -- might well + See morebe subject to challenge as a violation of the Equal Protection guarantees set forth in the Fourteenth Amendment to the United States Constitution and in article 2, §§ 2 and 3 of the Arkansas Constitution.
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Ability to pay |