Below are the cases that meet your search criteria.

6 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

Wyoming Murray v. State, 855 P.2d 350), (WY 1993)
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).
With respect to imposing a surcharge on a defendant under Section 1-40-119, the court is required to find an ability to pay before ordering an assessment.
We agree with Appellant that the court was required to find that he had [**28]  an ability to pay before ordering the assessment. Murray v. State, 1993 Wyo. LEXIS 110, *27-28,
+ See more
855 P.2d 350, 359 (Wyo. 1993)
Ability to pay
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Wyoming Murray v. State, 855 P.2d 350), (Wyo. 1993)
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).
With respect to imposing restitution under Section 7-9-103(a) and 7-9-102, the court must only make a specific finding when the defendant does not have any ability to pay.
Henceforth, the court must make a specific finding only when the defendant does not have a present or prospective ability to pay. Although the court is not required to specifically
+ See more
find that a defendant has the ability to pay, the record must still contain evidence to  support the existence of a present or future ability to pay. Murray v. State, 1993 Wyo. LEXIS 110, *26-27, 855 P.2d 350, 359 (Wyo. 1993)
Ability to pay
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Wyoming Billis v. State, 800 P.2d 401, 433, (Wyo. 1990) Are there limits to the state’s ability to recoup fees for counsel under the state constitution? The court has the authority to require the defendant's payment of his legal fees.
Under W.S. 7-6-106(d) (June 1987 Repl.) the courts have the authority to order a defendant to repay the state for the cost of defense services. Billis v. State, 800 P.2d 401,
+ See more
433, 1990 Wyo. LEXIS 119, *100 (Wyo. 1990)
Fines and fees