Com. v. Lopez, A. No. 1313 EDA 2018
In the case of Commonwealth v. Lopez, the defendant was sentenced to incarceration and mandatory court costs after being revoked from probation several times. He requested an ability to pay hearing prior to sentencing which was denied by the court. The defendant appealed on the basis that an ability to pay hearing is required. However, the statute that the defendant refers to, when read in context with its surrounding sections only requires a court to determine a defendant’s ability to pay before incarceration for delinquency, not before the imposition of all financial obligations at sentencing. The court finds that the trial court properly found that it was not required to have an ability to pay hearing in this case and that while the rule permits a defendant to demonstrate financial inability either after a default hearing or when costs are initially ordered, the rule only requires such a hearing prior to any order directing incarceration for failure to pay ordered costs. Therefore, there is no relief due to the defendant.
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