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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, + 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 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 + See moreprovided, if the court finds that the defendant can pay without incurring substantial hardship. Rule 6.4(f), Ala. R.Crim. P.
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Ability to pay |