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.
Poverty Penalties and Poverty Traps
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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See all poverty penalty and poverty trap policy recommendations in CJPP’s Policy Guide
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Narrrow results
Level of Offense
Below are the poverty penalties and poverty traps that meet your search criteria. Many include a See related provisions prompt which searches our database for laws that may pertain to your result.
7 Results
| State | Statute | Description/Statute Name | Statutory language | Type of poverty penalty or poverty trap | Level of offense | Mandatory | |
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Delaware | 11 Del. C. § 4104(b) | Fines, Costs or Restitution; How Collected; Holding Operator's License as Security for Payment |
The bond shall contain a warrant of attorney authorizing the Prothonotary or any attorney of record in this State or elsewhere to appear in any court, including a justice of the peace, and confess judgment against the person so bound. Upon execution of the bond the convicted person shall be required to list on the reverse thereof all motor vehicles and real property owned by the person or in which the person has any title or interest with a description and the location thereof.
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Property liens | All | No |
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Michigan | Mich. Comp. Laws § 780.766(13) | Restitution - lien (juvenile) |
An order of restitution is a judgment and lien against all property of the defendant for the amount specified in the order of restitution. The lien may be recorded as + See moreprovided by law. An order of restitution may be enforced by the prosecuting attorney, a victim, a victim's estate, or any other person or entity named in the order to receive the restitution in the same manner as a judgment in a civil action or a lien.
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Property liens | All | No |
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Michigan | Mich. Comp. Laws § 769.1a(13) | Restitution - lien |
An order of restitution entered under this section remains effective until it is satisfied in full. An order of restitution is a judgment and lien against all property of the + See moredefendant for the amount specified in the order of restitution. The lien may be recorded as provided by law. An order of restitution may be enforced by the prosecuting attorney, a victim, a victim's estate, or any other person or entity named in the order to receive the restitution in the same manner as a judgment in a civil action or a lien.
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Property liens | All | Yes |
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Michigan | Mich. Comp. Laws § 780.826(13) | Order of restitution |
An order of restitution entered under this section remains effective until it is satisfied in full. An order of restitution is a judgment and lien against all property of the + See moredefendant for the amount specified in the order of restitution. The lien may be recorded as provided by law. An order of restitution may be enforced by the prosecuting attorney, a victim, a victim's estate, or any other person or entity named in the order to receive restitution in the same manner as a judgment in a civil action or a lien.
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Property liens | Misdemeanor | Yes |
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Michigan | Mich. Comp. Laws § 780.794(13) | Restitution by juvenile |
An order of restitution is a judgment and lien against all property of the defendant for the amount specified in the order of restitution. The lien may be recorded as + See moreprovided by law. An order of restitution may be enforced by the prosecuting attorney, a victim, a victim's estate, or any other person or entity named in the order to receive the restitution in the same manner as a judgment in a civil action or a lien.
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Property liens | All | No |
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New Jersey | N.J. Stat. Ann. § 2A:158A-17 | Public Defender: Lien on Property of Defendant |
The reasonable value of the services rendered to a defendant pursuant to P.L.1967, c. 43 (C.2A:158A-1 et seq.) may in all cases be a lien on any and all property + See moreto which the defendant shall have or acquire an interest. The Public Defender shall effectuate such lien whenever the reasonable value of the services rendered to a defendant appears to exceed $150.00 and may effectuate such lien where the reasonable value of those services appears to be less than $150.00. To effectuate such a lien, the Public Defender shall file a notice setting forth the services rendered to the defendant and the reasonable value thereof with the Clerk of the Superior Court. The filing of said notice with the Clerk of the Superior Court shall from the date thereof constitute a lien on said property for a period of 10 years, unless sooner discharged and except for such time limitations shall have the force and effect of a Judgment at Law. Within 10 days of the filing of the Notice of Lien, the Public Defender shall send by certified mail, or serve personally, a copy of such notice with a statement of the date of the filing thereof to or upon the defendant at his last known address. If the Public Defender shall fail to give notice, the lien shall be void. In any case where the defendant is awarded damages pursuant to P.L.1997, c. 227 (C.52:4C-1 et seq.) on grounds that the defendant did not commit the crime for which he was convicted and imprisoned, the Public Defender shall discharge any lien for services rendered concerning that crime.
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Property liens | All | No |
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Pennsylvania | 42 Pa. Stat. Ann. § 9728(e)(1) | Preservation of assets - restitution |
Upon the filing of a criminal complaint, information or indictment charging a criminal violation or a petition alleging delinquency for which restitution may be ordered and alleging that the property + See morewith respect to which the order is sought appears to be necessary to satisfy such restitution order and judgment
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Property liens | All | No |
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For more information, please visit cjpp.law.harvard.edu.