Does a defendant have the ability to pay a restitution fine?
California, United States of America
The following excerpt is from People v. Renderos (In re Renderos), A154730, A157025 (Cal. App. 2020):
We are not persuaded. "A defendant may lack the 'ability to pay' the costs of court-appointed counsel yet have the 'ability to pay' a restitution fine." (People v. Douglas (1995) 39 Cal.App.4th 1385, 1397.) " '[I]n determining whether a defendant has the ability to pay a restitution fine, the
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