Does a probation order requiring a defendant to pay fines on or before the end of probation violate his right to due process and equal protection?

California, United States of America


The following excerpt is from In re E.S., H032768 (Cal. App. 10/23/2008), H032768 (Cal. App. 2008):

Defendant contends that the conditions requiring payment of the fines on or before the end of probation transgress his rights to due process and equal protection because those provisions of the federal and state Constitutions forbid revoking probation based on a failure to pay a fine unless the failure was willful. (See Bearden v. Georgia (1983) 461 U.S. 660, 672-673 [state may not imprison defendant for failure to pay fines or restitution without hearing as to reason for failure to pay].) He claims that the conditions are "overbroad in implying that [he] will be barred from the successful completion of probation by any failure to pay those fines in full by the termination of a probation term, even if the failure to satisfy these orders is non-willful and even if bona fide efforts to legally acquire the resources to pay have been made." He asks us to strike the portion of the order requiring payment on or before the end of probation.

Other Questions


Is a probation term that requires a defendant to give up his right to exercise his constitutional right under probation terms an abuse of discretion? (California, United States of America)
When will a defendant be charged with an equal protection violation under the Equal Protection Act? (California, United States of America)
Does the Court's failure to hold a hearing on whether a defendant has the ability to pay assessments under the Government Code or Penal Code violate his due process and equal protection rights? (California, United States of America)
How have courts treated a defendant's right to due process, equal protection and the federal and state constitutional prohibitions against excessive fines? (California, United States of America)
What are the consequences of a court's decision to reinstate probation after a defendant has violated probation and been ordered to pay a restitution fine and court fees? (California, United States of America)
When will a court strike down a probation order requiring a defendant to search their electronic devices in order to be placed on probation? (California, United States of America)
Does the death penalty law violate equal protection by denying procedural rights to non-capital defendants? (California, United States of America)
Does the Attorney General's assertion that a denial of a motion on appeal by defendants on appeal violate their right to appeal against the denial of their motion violate their due process? (California, United States of America)
What is the test for an equal protection claim under the equal protection principles when a defendant is convicted of receiving a stolen vehicle? (California, United States of America)
Does the death penalty law violate equal protection by denying procedural rights to non-capital defendants? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.