Below are the cases that meet your search criteria.

5 Results

Export results to Excel

State Citation Question Brief answer Language from the opinion When does the case apply?
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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
of life
[T]he defendants bear the initial burden of establishing their indigence. Generally speaking, a person is indigent for purposes of sections 77–32–1 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
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

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
imposes.
Imposition of a fine, and the accompanying mandatory surcharge, is a matter left to the discretion of the trial court. Utah Code Ann. §§ 63–63a–1 (1989), 76–3–301.5(5) (1990). No particular
+ See more
explanation needs to be made by the trial court.
Fines and fees
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Vermont State v. Sausville, 151 Vt. 120, 121, 557 A.2d 502, 503 (1989)
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).
The state is required to establish defendant's ability to pay restitution even if defendant does not take the stand on their own behalf.
Defendant's failure to take the stand does not obviate the court's duty to determine if the restitution award is within defendant's ability to pay. If defendant does not take the
+ See more
stand on his own behalf, it will be necessary for the State to establish in some other manner defendant's ability to pay restitution.
Ability to pay
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Vermont Vermont State Constitution Ch. II § 40 Other applicable case law Imprisonment for debt is unconstitutional. No person shall be imprisoned for debt. Ability to pay