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State v. Reyes

As the legislature did not provide that defendants bear the costs of DNA testing in the statute mandating DNA testing, the lower court had no basis to order Reyes to pay the testing fee and therefore erred in doing so.

Hawaii §706-641: Criteria for imposing fines

This Hawaii law specifies criteria that must be satisfied before a court can sentence a person to pay a fine. If the fine is the only punishment included in a sentence, the court cannot assess the fine unless “the person is or will be able to pay the fine,” and “the fine will not prevent the defendant from making restitution to the victim.”

Best Practices Guide to Reducing Suspended Drivers

This guide by the American Association of Motor Vehicle Administrators discusses how suspending driver’s licenses for non-safety related reasons is ineffective and counter-productive: it diminishes the deterrent effect and perceived legitimacy of license suspension, as well as the efficacy of law enforcement, prosecutors, courts, and motor vehicle agencies.

Personal Narrative: John Doe (DC)

Because Tzedek DC's client did not have private property to park his car on, he was forced to park in different spots around his neighborhood. As a result, he received several parking tickets., which doubled after he was unable to pay. He fell ill in 2012, and was unable to renew his license due to outstanding debt. He feels very strongly that the inability to renew his license has negatively affected his health, both directly and through the stress it has caused.

Salinas v. State

Mr. Salinas was sentenced to five years in prison with court costs for injury to an elderly individual. He challenged the constitutionality of two of the fees imposed by the court: the abuse of children counseling fee and the comprehensive rehabilitation fee.

State v. Blazina, et al.

Mr. Blazina was sentenced to 20 months in prison for second degree assault. Attached to his sentence was over $3000 in fees and tens of thousands of dollars in restitution. The Washington Supreme Court held that individualized inquiries of the defendant’s current and future ability to pay must be made before imposing Legal Financial Obligations.
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