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.
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