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
State | Citation | Question | Brief answer | Language from the opinion | When does the case apply? | |
---|---|---|---|---|---|---|
Add to Dashboard
|
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 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).
|
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 |
Add to Dashboard
|
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 | |
Add to Dashboard
|
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 moreauthorizes 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 | |
Add to Dashboard
|
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 moreis 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 moreis 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 |
Add to Dashboard
|
Utah | Neilson v. Dennett, 450 P.2d 93, 95 (Utah 1969) |
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).
|
ability to pay should be determined at the time order is imposed to pay money. |
However, in this case it was incumbent upon the trial court to find that the appellant at the time the order was made had the ability to pay over the + See moremoney and thereafter refused to do so before the judge could hold the appellant in contempt for failure to pay
|
Ability to pay |
Add to Dashboard
|
Utah | State v. Vincent, 883 P.2d 278, 283 (Utah 1994) | Other applicable case law |
A defendant has the initial burden of establishing indigence. The defendant must establish that payment would place an undue hardship on the defendant's ability to provide for the basic necessities + See moreof life
|
[T]he defendants bear the initial burden of establishing their indigence. Generally speaking, a person is indigent for purposes of sections 77321 and 2 if payments for counsel or transcripts would + See moreplace an undue hardship on the defendant's ability to provide the basic necessities of life for the defendant and the defendant's family.
|
Ability to pay |
Add to Dashboard
|
Utah | State v. Haston, 811 P.2d 929, 936 (Utah Ct. App. 1991), rev'd, 846 P.2d 1276 (Utah 1993) | Other applicable case law |
Imposition of fine and the amount of the fine is left to the discretion of the court. A judge need not give an explanation for the fine he or she + See moreimposes.
|
Imposition of a fine, and the accompanying mandatory surcharge, is a matter left to the discretion of the trial court. Utah Code Ann. §§ 6363a1 (1989), 763301.5(5) (1990). No particular + See moreexplanation needs to be made by the trial court.
|
Fines and fees |
Add to Dashboard
|
Virginia | Ohree v. Com., 26 Va. App. 299, 306, 494 S.E.2d 484, 488 (1998) | Other applicable caselaw |
"[T]he imposition of the cost of providing a jury does not impose an excessive or unnecessary burden upon the exercise of the right of a jury trial under the United + See moreStates Constitution."
|
Fines and fees | |
Add to Dashboard
|
Virginia | Com. v. Sprinkles, 31 Va. 650, 650 (1833) |
"Indictment against four persons for an assault; they plead severally; and verdict, that they are guilty, assessing several fines on each: an attorney's fee is not to be taxed against + See moreeach, but only one attorney's fee against all the defendants."
|
Fines and fees |