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|State||Citation||Question||Brief answer||Language from the opinion||When does the case apply?|
|Utah||Neilson v. Dennett, 450 P.2d 93, 95 (Utah 1969)||
Under state constitutional or statutory law, what are the minimum requirements for a constitutionally adequate ability-to-pay determination? Include any guidance about the substantive standards to apply, the burden of proof,+ See more
the sources of information that should be considered, and the timing of the determination (i.e. before imposition, before enforcement action, only if incarceration is threatened).
|ability to pay should be determined at the time order is imposed to pay money.||
However, in this case it was incumbent upon the trial court to find that the appellant at the time the order was made had the ability to pay over the+ See more
money and thereafter refused to do so before the judge could hold the appellant in contempt for failure to pay
|Ability to pay|
|Utah||State v. Vincent, 883 P.2d 278, 283 (Utah 1994)||Other applicable case law||
A defendant has the initial burden of establishing indigence. The defendant must establish that payment would place an undue hardship on the defendant's ability to provide for the basic necessities+ See more
[T]he defendants bear the initial burden of establishing their indigence. Generally speaking, a person is indigent for purposes of sections 77321 and 2 if payments for counsel or transcripts would+ See more
place an undue hardship on the defendant's ability to provide the basic necessities of life for the defendant and the defendant's family.
|Ability to pay|
|Utah||State v. Haston, 811 P.2d 929, 936 (Utah Ct. App. 1991), rev'd, 846 P.2d 1276 (Utah 1993)||Other applicable case law||
Imposition of fine and the amount of the fine is left to the discretion of the court. A judge need not give an explanation for the fine he or she+ See more
Imposition of a fine, and the accompanying mandatory surcharge, is a matter left to the discretion of the trial court. Utah Code Ann. §§ 6363a1 (1989), 763301.5(5) (1990). No particular+ See more
explanation needs to be made by the trial court.
|Fines and fees|