How is a defendant's ability to pay fines and fees assessed?
California, United States of America
The following excerpt is from People v. Thurman, B284941 (Cal. App. 2019):
Second, a defendant's ability to pay fines and fees is evaluated in light of his total financial obligations. (People v. Valenzuela (2009) 172 Cal.App.4th 1246, 1249.) Total financial obligations include court-ordered victim restitution, which must be paid first. ( 1203.1d, subd. (b)(1), (3) [payments allocated first to victim restitution, then to fines, including restitution fine]; Cal. Code Regs., tit. 15, 3097, subd. (g).) Here, defendant owes
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