Does a defendant have to pay attorney fees and costs as a condition of probation?

California, United States of America


The following excerpt is from The People v. Halbrook, No.08F06595, No.C063681 (Cal. App. 2011):

The People concede the contention has merit and suggest that the conditions of probation be modified to reflect that these fees and costs are "considered 'simply an order entered at judgment.'" We agree. (See People v. Bradus (2007) 149 Cal.App.4th 636, 641 ["Although the trial court is statutorily authorized to make respective orders for the payment of appointed attorney fees and for the costs of probation, depending on a defendant's ability to pay, such costs and fees cannot legally be imposed as conditions of probation."]; People v. Hart (1998) 65 Cal.App.4th 902, 907 (Hart).)

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