Criminal Justice Policy Program at Harvard Law School
50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
50-State Criminal Justice Debt Reform Builder Bringing transparency to areas of significant legal complexity.
Case Law
Keyword search across all of the laws in the states. Subject-area tabs above allow you to narrow results. Click the advanced search for further refinement.
Every law can be saved to the Reform Builder
When does this apply
| State | Citation | Question | Brief answer | Language from the opinion | When does the case apply? | |
|---|---|---|---|---|---|---|
|
Add to Dashboard
|
Colorado |
Strickland v. People, 197 Colo. 488, 594 P.2d 578 (1979) People v. Afentul, 773 P.2d 1081, 1085 (Colo. 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).
|
Before revocation of probation for failure to make ordered restitution payments can be effected, trial court must find that defendant had the ability to pay at the time the payments + See moreshould have been made.
|
"For purposes of requirement that, before probation may be revoked based upon a finding that probationer did not pay moneys due under condition of probation, probationer must have the present + See moreability to pay, the ability to pay is measured by three factors: that job for which probationer is qualified is available; that job would produce an income adequate to meet his obligations; and that probationer unjustifiably refuses to take it." "Evidence of the defendant's failure to pay restitution constitutes prima facie evidence that the defendant has violated the conditions of the deferred sentencing. When the prosecution presents this prima facie evidence, the burden then shifts to the defendant to establish by a preponderance of the evidence that he was financially unable to make the payments at the time they should have been made" (Afentul, citing Strickland)
|
Enforcement |
|
Add to Dashboard
|
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 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).
|
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 more855 P.2d 350, 359 (Wyo. 1993)
|
Ability to pay |
|
Add to Dashboard
|
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 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).
|
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 morefind 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 |
|
Add to Dashboard
|
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 more433, 1990 Wyo. LEXIS 119, *100 (Wyo. 1990)
|
Fines and fees |