Can a defendant be ordered to pay attorney fees pursuant to section 987.8?

California, United States of America


The following excerpt is from People v. Mejia, H041852 (Cal. App. 2017):

Section 987.8 "establishes the means for a county to recover some or all of the costs of defense expended on behalf of an indigent criminal defendant." (People v. Verduzco (2012) 210 Cal.App.4th 1406, 1420.) A court may order the payment of attorney fees pursuant to section 987.8, subdivision (b) only if it determines after a hearing that the defendant has the ability to pay. ( 987.8, subds. (b), (e)(5).) Such a

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finding must be supported by substantial evidence. (People v. Nilsen (1988) 199 Cal.App.3d 344, 347.)

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