Can a defendant who receives legal assistance at public expense be ordered to pay the county's defense costs?

California, United States of America


The following excerpt is from People v. Buchanan, A138157 (Cal. App. 2015):

Section 987.8 "empowers the court to order a defendant who has received legal assistance at public expense to reimburse some or all of the county's costs." (People v. Viray (2005) 134 Cal.App.4th 1186, 1213-1214.) "Under subdivisions (b) and (c) of the statute, an order of reimbursement can be made only if the court concludes, after notice and an evidentiary hearing, that the defendant has 'the present ability . . . to pay all or a portion' of the defense costs. [Citations.] If this finding is made, 'the court shall set the amount to be reimbursed and order the defendant to pay the sum to the county in the manner in which the court believes reasonable and compatible with the defendant's financial ability.' [Citation.]" (People v. Polk (2010) 190 Cal.App.4th 1183, 1205.)

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