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.
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When does this apply
| 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 |
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Rhode Island | State v. LaRoche, 883 A.2d 1151, 1155 (R.I. 2011) |
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 court must give defendant an ability to pay hearing before enforcing criminal justice debt. |
This Court held that before a body execution may be issued against a defendant who is a judgment debtor, the defendant must be given a hearing to determine ability to + See morepay. Landrigan v. McElroy, 457 A.2d 1056, 1062 (R.I.1983). At such a hearing it is the defendant's obligation to demonstrate an inability to pay the judgment by a preponderance of the evidence. Id. In addition, with regard to a defendant's inability to pay court fees, this Court has held that [i]n every instance the burden of proving indigence in relation to the payment of the required filing fee or other element of cost is upon the party seeking such relief. Silvestro v. Almonte, 484 A.2d 900, 903 (R.I.1984). In our opinion, the hearing justice did not err when he required LaRoche to satisfy the court that he made sufficient bona fide efforts to payrestitution. State v. LaRoche, 883 A.2d 1151, 1155 (R.I. 2011)
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Ability to pay |