Commonwealth vs. Bivins

  • Filed: 12/17/2018
  • Court: Superior Court of Pennsylvania
  • Latest Update: Dec 17, 2018
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Applying existing case law, the Superior Court ruled that probation could not be revoked for nonpayment of restitution unless the court first considers the defendant’s ability to pay and finds that the nonpayment was willful. The incarceration that the defendant suffered was therefore illegal.

Attorney(s):
Andrew Christy, Mary Catherine Roper, ACLU of Pennsylvania