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State Citation Question Brief answer Language from the opinion When does the case apply?
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Alabama Adams v. City of Pelham, 651 So. 2d 55, 56 (Ala. Crim. App. 1994)
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,
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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 burden of proof with respect to indigency (at least in cases concerning appointment of counsel) is on the defendant A criminal defendant has the burden of proving to the court that he is indigent and, thereby, is entitled to court-appointed counsel. Ability to pay
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Alabama Reese v. State, 717 So. 2d 412, 412 (Ala. Civ. App. 1998) Are there limits to the state’s ability to recoup fees for counsel under the state constitution? No, if it is determined that the imposition of those fees does not impose a hardship
In criminal cases in which the court has appointed counsel for a defendant, the court can order the defendant to pay all or part of the costs of legal services
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provided, if the court finds that the defendant can pay without incurring substantial hardship. Rule 6.4(f), Ala. R.Crim. P.
Ability to pay