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State | Citation | Question | Brief answer | Language from the opinion | When does the case apply? | |
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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 morethe 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).
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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 moremoney and thereafter refused to do so before the judge could hold the appellant in contempt for failure to pay
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Ability to pay |
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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 moreof life
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[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 moreplace an undue hardship on the defendant's ability to provide the basic necessities of life for the defendant and the defendant's family.
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Ability to pay |
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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 moreimposes.
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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 moreexplanation needs to be made by the trial court.
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Fines and fees |
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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 morethe 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).
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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 morestand on his own behalf, it will be necessary for the State to establish in some other manner defendant's ability to pay restitution.
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Ability to pay |
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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 |