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Below are the attorney general opinions that meet your search criteria.
|State||Citation||Description/Statute Name||Question||Brief answer||Language from the opinion||When does the case apply?|
(1) State v. Stamm, 222 W. Va. 276, 278, 664 S.E.2d 161, 163 (2008) (2) State ex rel. Zirkle v. Fox, 203 W. Va. 668, 669, 510 S.E.2d 502, 503 (1998) (3)+ See more
W. Va. Code Ann. § 61-11A-5
|Case Law / W.V. Code||Who has the burden of proof in an ability to pay determination? What is the standard of proof required?||
(1) In criminal failure to meet obligation to minor (W. Va. Code § 61-5-29), the State has the burden of proof and the standard is beyond a reasonable doubt. (2)However,+ See more
in civil contempt cases, if contemnor alleges financial inability to pay, he bears the burden of proving such inability to comply with a court mandate in order to avoid imprisonment. (3)Finally, in restitution determinations, the burden is on the defendant and the standard is a preponderance of the evidence.
Where a contemnor alleges financial inability to pay in a civil contempt proceeding, he bears the burden of proving such inability to comply with a court mandate in order to+ See more
|Ability to pay|
|West Virginia||(1)State v. Murrell, 201 W.Va. 648, 499 S.E.2d 870 (1997)(2) W. Va. Code §50-3-2.||Case Law||Should ability to pay be considered when imposing fines or fees or only when collecting fines or fees?||
No. Ability to pay does not have to be considered when imposing fines or fees; certain fines and fees are required by law to be imposed (see, e.g., W. Va.+ See more
“An individual is not excused from the imposition of the maximum sentence allowed under a statute simply because he is indigent, even if that sentence includes the imposition of fines+ See more
pursuant to statute.”
|Ability to pay|
|Nevada||1987 Nev. Op. Att'y Gen. 29 (1987)||Execution of sentence and fine||Should ability to pay be considered when imposing fines or fees or only when collecting fines or fees?||court hearing must be held to determine a criminal defendant's ability to pay, before a criminal fine may be converted to an additional term of imprisonment.||under Nevada law a court hearing must be held to determine a criminal defendant's ability to pay, before a criminal fine may be converted to an additional term of imprisonment.||Ability to pay|
|Nevada||1984 Nev. Op. Att'y Gen. 35 (1984)||Constitutional law - evidence-criminal procedure||Only nonindigent persons may be the subject of recoupment measures||
Where the legislature provides an express statutory system for recoupment of litigation costs from a convicted defendant the courts will generally enforce these provisions despite constitutional challenges. An implicit condition+ See more
for the imposition of costs upon the convicted offender is that only nonindigent persons can be the subject of recoupment measures. These statutes do not have a chilling effect on the exercise of other constitutional rights under the fifth and sixth amendments.
|Ability to pay|