Can a defendant be ordered to pay a fee to reimburse some or all of the costs of defense?

California, United States of America


The following excerpt is from People v. Henson, C078639 (Cal. App. 2016):

Section 987.8 permits a court to order a defendant to pay a fee to reimburse some or all of the costs of defense. (People v. Verduzco (2012) 210 Cal.App.4th 1406, 1420.) "In any case in which a defendant is provided legal assistance, either through the public defender or private counsel appointed by the court, upon conclusion of the criminal proceedings in the trial court, . . . the court may, after notice and a hearing, make a determination of the present ability of the defendant to pay all or a portion of the cost thereof." ( 987.8, subd. (b).) Upon determining that the defendant does have "the present ability to pay all or a part of the cost" of legal assistance, "the court shall set the amount to be reimbursed and order the defendant to pay the sum . . . in the manner in which the court believes reasonable and compatible with the defendant's financial ability." ( 987.8, subd. (e).)

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