28-1603. Civil penalty mitigation
A. Notwithstanding any other law, a judge may mitigate any civil penalty that is required under chapters 3, 5, 7 and 9 of this title if the person who is ordered to pay the penalty demonstrates that the payment would be a hardship on the person or on the person's immediate family.
B. In determining whether to mitigate a civil penalty, the court may consider any relevant information, including any of the following:
1. The civil penalty's impact on the person's ability to pay restitution.
2. Whether the civil penalty would constitute a financial hardship to the person or the person's immediate family.
3. Whether the person receives temporary assistance for needy families pursuant to 42 United States Code section 603 or supplemental nutrition assistance pursuant to 7 United States Code sections 2011 through 2036c.
4. Whether the person receives benefits pursuant to the supplemental security income program (42 United States Code sections 1381 through 1385).
5. Whether the person is legally authorized to be employed and is seeking, obtaining or maintaining employment or is attending school.
C. This section does not apply to the surcharge imposed and collected pursuant to section 16-954, subsection A.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.