Commonwealth v. Marshall and Commonwealth v. Bates

In these cases, the Superior Court ruled that a defendant cannot have probation revoked and a new sentence of probation imposed for nonpayment of fines, costs, or restitution unless the trial court first considers the defendant’s ability to pay and determines that the nonpayment was willful. These decisions, while unpublished, correctly reflect that numerous prior published court decisions prohibit any form of punishment for nonpayment absent the finding of willfulness.