Can a defendant who has been convicted of a charge under section 987.8 of the California Criminal Code be ordered to pay the costs of his defense?

California, United States of America


The following excerpt is from The People v. Anderson, E049606, Super.Ct.No. FVI901149 (Cal. App. 2010):

"Subdivision (b) of section 987.8... provides that, upon the conclusion of criminal proceedings in the trial court, the court may, after giving the defendant notice and a hearing, make a determination of his present ability to pay all or a portion of the cost of the legal assistance provided him." (People v. Flores (2003) 30 Cal.4th 1059, 1061.) "[T]here is a presumption under the statute that a defendant sentenced to prison does not have the ability to reimburse defense costs. Subdivision (g)(2)(B) of section 987.8 provides in pertinent part: 'Unless the court finds unusual circumstances, a defendant sentenced to state prison shall be determined not to have a reasonably discernible future financial ability to reimburse the costs of his or her defense.'" (Id. at p. 1068.)

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