Below are the cases that meet your search criteria.

11 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

Arkansas
Bohannon v. State, 2014 Ark. App. 434; Arkansas Code §5-4-205; Drain v. State, 10 Ark. App. 338, 664 S.W.2d 484 (1984); Cavin v. State, 11 Ark. App. 294, 669 S.W.2d
+ See more
508 (1984); Trial Handbook for Arkansas Lawyers § 99:20 (2016-2017 ed.)
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).
The defendant has to make a good faith attempt to comply with a court order to pay. Otherwise, her probation may be revoked. The State has the burden of proving
+ See more
the failure to pay; the burden of production then shifts to the defendant to show why. The State must then prove that the nonpayment was inexcusable.
"(3) In determining whether to revoke probation or conditional release, the court or releasing authority shall consider: (A) The defendant's employment status; (B) The defendant's earning ability; (C) The defendant's financial
+ See more
resources; (D) The willfulness of the defendant's failure to pay; and (E) Any other special circumstances that may have a bearing on the defendant's ability to pay."
Ability to pay
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Arkansas
Drain v. State, 10 Ark. App. 338, 664 S.W.2d 484 (1984), citing Bearden v. Georgia, 461 U.S. 660 (1983); see also Ark. Code
+ See more
Ann. § 5-4-203(a)(3) and (4) (Supp. 1995).
Imprisonment of an indigent defendant for failure to pay a fine violates the defendant’s equal protection rights.
This statute basically codifies the principles established by the cases of Tate v. Short, 401 U.S. 395, 91 S.Ct. 668, 28 L.Ed.2d 130 (1971), and Williams v. Illinois, 399 U.S.
+ See more
235, 90 S.Ct. 2018, 26 L.Ed.2d 586 (1970), both of which stand *341 for the proposition that a sentence to imprisonment for nonpayment of a fine works an invidious discrimination against indigent defendants in violation of the equal protection clause of the Fourteenth Amendment.
Enforcement
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Iowa State v. Van Hoff, 415 N.W.2d 647, 649 (Iowa 1987)
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).
A determination of reasonableness ... is more appropriately based on [a defendant's] ability to pay the current installments than his ability to ultimately pay the total amount due. A determination of reasonableness ... is more appropriately based on [a defendant's] ability to pay the current installments than his ability to ultimately pay the total amount due. Ability to pay
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Iowa State v. Kurtz, 878 N.W.2d 469, 473 (Iowa Ct. App. 2016) A defendant who seeks to upset a restitution order has the burden to demonstrate either the failure of the court to exercise discretion or an abuse of that discretion. A defendant who seeks to upset a restitution order, however, has the burden to demonstrate either the failure of the court to exercise discretion or an abuse of that discretion. Ability to pay
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Iowa Goodrich v. State, 608 N.W.2d 774, 776 (Iowa 2000) Ability to pay must be determined before imposition.
Constitutionally, a court must determine a criminal defendant's ability to pay before entering an order requiring such defendant to pay criminal restitution pursuant to Iowa Code section 910.2. Section 910.2
+ See more
authorizes a court to order the offender to make restitution of court costs and court-appointed attorney's fees “to the extent that the offender is reasonably able to do so.
Ability to pay
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Iowa State v. Kurtz, 878 N.W.2d 469, 472 (Iowa Ct. App. 2016) Are there limits to the state’s ability to recoup fees for counsel under the state constitution?
The restitution ordered to the victim is made without regard to the defendant's ability to pay; however, other reimbursement and costs are ordered only to the extent that the defendant
+ See more
is reasonably able to pay.
The restitution ordered to the victim is made without regard to the defendant's ability to pay; however, other reimbursement and costs are ordered only to the extent that the defendant
+ See more
is reasonably able to pay. . . . Thus, before ordering payment for court-appointed attorney fees and court costs, the court must consider the defendant's ability to pay.
Ability to pay
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Michigan People v. Jackson, 483 Mich. 271, 769 N.W.2d 630 (2009)
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).
Defendant is not entitled to an assessment of ability to pay fee for court-appointed attorney until the imposition of the fee is enforced
Indeed, whenever a trial court attempts to enforce its imposition of a fee for a court-appointed attorney under MCL 769.1k, the defendant must be advised of this enforcement action and
+ See more
be given an opportunity to contest the enforcement on the basis of his indigency. Thus, trial courts should not entertain defendants' ability-to-pay-based challenges to the imposition of fees until enforcement of that imposition has begun. . . . The operative question for any such evaluation will be whether a defendant **643 is indigent and unable to pay at that time or whether forced payment would work a manifest hardship on the defendant at that time.
Ability to pay
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Michigan People v. Cunningham, 496 Mich. 145, 147, 852 N.W.2d 118, 120 (2014) Imposing costs beyond those specified in statute
The authority to impose criminal costs is statutory. Statute stating that if defendant is guilty, court may impose any cost in addition to the minimum state cost, does not provide
+ See more
courts with the independent authority to impose any costs upon defendants, and instead, statute provides courts with authority to impose only those costs that the Legislature has separately authorized by statute.
“The right of the court to impose costs in a criminal case is statutory.” . . . . Thus, courts may impose costs in criminal cases only where such costs
+ See more
are authorized by statute. In a variety of circumstances, the Legislature has chosen to provide courts with the authority to impose costs. For instance, with regard to certain offenses, courts may require criminal defendants to pay the “costs of prosecution.” . . . we conclude that MCL 769.1k (1)(b)(ii ) does not provide courts with the independent authority to impose “any cost.” Instead, we hold that MCL 769.1k(1)(b)(ii ) provides courts with the authority to impose only those costs that the Legislature has separately authorized by statute.
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Missouri Spencer v. Basinger, 562 S.W.2d 350, 353 (Mo. 1978)
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).
After a prima facie showing of indigency has been made, an individual may not be incarcerated for nonpayment of fine and costs
A prima facie showing of indigency has been made. Under such circumstances petitioner may not be confined further at this time for nonpayment of fine and costs. See Hendrix v.
+ See more
Lark, 482 S.W.2d 427 (Mo. banc 1972). This is not to suggest that those who neglect or refuse to pay a fine may not be incarcerated for their refusal so to do within the constitutional standards described in Hendrix.
Enforcement
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Missouri Hendrix v. Lark, 482 S.W.2d 427, 428 (Mo. 1972) Other applicable caselaw Prisoner's incarceration to satisfy payment of fines and costs levied upon her without giving indigent prisoner option of paying the same by installments denied her the equal protection of law.
St. Louis must provide indigent defendants an opportunity to pay fines in reasonable installments and that portion of Sec. 773.070 of the Revised Code of the city providing the court
+ See more
shall not stay the payment of any fine and calling for its execution, i.e., immediate imprisonment in lieu of payment, *429 is unconstitutional under the above decisions.
Enforcement
BS-+-Light-Rounded-Square
Add to Dashboard

+ Create New

Missouri Davis v. City of Charleston, Mo., 635 F.Supp. 197, 198-199 (1986) upon raising inference that poverty is reason for non-payment rather than contempt, defendant is entitled to hearing on issue of indigency
As stated in this Court's Memorandum and Order dated March 28, 1986: It must be remembered that the remedy § 560.031 intends is not an imprisonment for non-payment of fine
+ See more
as such, but a penalty by contempt of court for the failure to obey—either intentionally or by want of good-faith effort to comply—the sentence of the court.
Ability to pay