Can a defendant be ordered to pay all or a portion of the cost of a public defender's representation at the close of a criminal proceeding?

California, United States of America


The following excerpt is from People v. Washington, G044173, Super. Ct. No. 09WF1637 (Cal. App. 2011):

At the close of criminal proceedings in which a defendant was represented by the public defender or appointed counsel, the trial court can order the defendant to pay all or a portion of the cost of that representation, based upon a determination made at a noticed hearing of the defendant's ability to pay. ( 987.8, subs. (b) & (c).) "[A]ny finding of ability to pay must be supported by substantial evidence." (People v. Pacheco (2010) 187 Cal.App.4th 1392, 1398.)

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