Can a defendant be remanded in custody for a hearing regarding his ability to pay a restitution fine?

California, United States of America


The following excerpt is from People v. Gamboa, C087771 (Cal. App. 2020):

primarily on People v. Dueas (2019) 30 Cal.App.5th 1157 (Dueas), which held "due process of law requires the trial court to conduct an ability to pay hearing and ascertain a defendant's present ability to pay before it imposes court facilities and court operations assessments under . . . section 1465.8 and Government Code section 70373." (Id. at p. 1164.) The Dueas court also held "that although . . . section 1202.4 bars consideration of a defendant's ability to pay unless the judge is considering increasing the fee over the statutory minimum, the execution of any restitution fine imposed under this statute must be stayed unless and until the trial court holds an ability to pay hearing and concludes that the defendant has the present ability to pay the restitution fine." (Ibid.) Defendant seeks remand for a hearing regarding his present ability to pay.

Other Questions


Is a defendant entitled to have his excess custody credits applied to his parole revocation fine but not his restitution fine? (California, United States of America)
If a court imposes a restitution fine under Penal Code section 1202.4, must the restitution fine be the same amount as the parole revocation fine? (California, United States of America)
Does a defendant have a right to an ability-to-pay hearing for a restitution fine? (California, United States of America)
When a defendant is remanded in custody for failing to attend a sentencing hearing, what is the effect of remand on his sentence? (California, United States of America)
Can a court apply an increased minimum restitution fine retroactively to a defendant whose crime occurred prior to the increase in the maximum restitution fine? (California, United States of America)
Is a defendant's inability to pay a restitution fine a compelling and extraordinary reason not to impose the fine? (California, United States of America)
Can a defendant be remanded in custody for failing to pay a fine under section 290.3 of the Penal Code? (California, United States of America)
What is the test for appealing against a finding that a defendant's ability to pay a restitution fine was improperly assessed? (California, United States of America)
What is the test for determining whether a defendant has the ability to pay a restitution fine? (California, United States of America)
Does a defendant have the ability to pay a restitution fine? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.