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Constitutional Law Keyed to Choper
Bearden v. Georgia
Citation:
461 U.S. 660 (1983)Facts
In 1980, Danny Bearden pled guilty to burglary and theft by receiving stolen property. The trial court, under Georgia’s First Offender’s Act, deferred entering a judgment of guilt and sentenced him to three years of probation with a condition to pay a $500 fine and $250 in restitution. Bearden paid the first $200 by borrowing money from his parents but was subsequently laid off from his job. Despite repeated efforts to find employment, Bearden, who had only a ninth-grade education and could not read, remained unemployed with no income or assets. When he failed to pay the remaining $550 balance, the state filed a petition to revoke his probation. After a hearing, the court revoked his probation solely for failure to pay, without considering his inability to pay or alternative sanctions, and sentenced him to serve the remainder of his probationary period in prison.
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