Can a court order attorney fees for a defendant who is unable to pay without a hearing into his ability to pay the fees?

California, United States of America


The following excerpt is from The People v. Gunton, B218384, No. PA064638 (Cal. App. 2010):

provided by the government without first conducting a hearing into the defendant's ability to pay violates the statutory mandate. (People v. Turner (1993) 15 Cal.App.4th 1690, 1695, disapproved on other grounds in People v. Flores (2003) 30 Cal.4th 1059, 1068 (Flores).) Moreover, the record must show that the attorney fees ordered reflects the actual costs incurred by the county in providing services to the defendant. (See People v. Viray (2005) 134 Cal.App.4th 1186, 1217.)

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