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

Date filed

December 17, 2018

Court

Superior Court of Pennsylvania