Bearden v. Georgia

461 U.S. 660 (1983)

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Nature of the Case

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Facts

D was indicted for burglary and theft by receiving stolen property. He pleaded guilty and was sentenced. The trial court did not enter a judgment of guilt, but deferred further proceedings and sentenced D to three years on probation for the burglary charge and a concurrent one year on probation for the theft charge. As a condition of probation, the trial court ordered D to pay a $500 fine and $250 in restitution. D was to pay $100 that day, $100 the next day, and the $550 balance within four months. D borrowed money from his parents and paid the first $200. D was laid off from his job. D had only a ninth-grade education and cannot read. D was unable to find work. D had no income or assets during this period. D notified the probation office he was going to be late with his payment because he could not find a job. After an evidentiary hearing, the trial court revoked probation for failure to pay the balance of the fine and restitution. D was sentenced to serve the remaining portion of the probationary period in prison. The Georgia Court of Appeals rejected D's claim that imprisoning him for inability to pay the fine violated the Equal Protection Clause of the Fourteenth Amendment. The Supreme Court granted certiorari.