Is a court required to consider a defendant's ability to pay before imposing or executing fines, fees and assessments?

California, United States of America


The following excerpt is from People v. Bejarano, B297268 (Cal. App. 2020):

"(1) Must a court consider a defendant's ability to pay before imposing or executing fines, fees, and assessments? (2) If so, which party bears the burden of proof regarding the defendant's inability to pay?" (People v. Hicks, S258946, <https://appellatecases.courtinfo.ca.gov/search/case/mainCaseScreen.cfm?dist=0&doc_id=2302457&doc_no=S258946&request_token=NiIwLSEmXkw8W1BZSCNNTEtIUEQ0UDxTJiBeIz5SUCAgCg%3D%3D> [as of Apr. 20, 2020], archived at <https://perma.cc/M53U-K638>.)

Other Questions


Is a court required to consider a defendant's ability to pay before imposing or executing fines, fees and assessments? (California, United States of America)
Does a court have to consider a defendant's ability to pay before imposing or executing fines, fees and assessments? (California, United States of America)
How have the courts dealt with a motion to strike a defendant's application to appeal against the court's order that defendant pay fees and fines? (California, United States of America)
Can a defendant argue that a court erred in imposing fines and fees without determining whether he has the ability to pay them? (California, United States of America)
Can a defendant appeal against a finding that the Court improperly imposed fines and fees without determining whether he had the ability to pay them? (California, United States of America)
What are the consequences of a Federal Court finding that a federal court violated a plaintiff's constitutional rights by imposing fees and fines without making a determination of his ability to pay? (California, United States of America)
What is the effect of a notice of appeal against a fine imposed by the Court of Appeal against a defendant for failing to pay the fine? (California, United States of America)
If a court imposes a restitution fine under Penal Code section 1202.4, must the restitution fine be the same amount as the parole revocation fine? (California, United States of America)
What is the test for a defendant's right to have a hearing on his ability to pay court imposed fines and fees? (California, United States of America)
Does a defendant have the ability to pay the costs of court-appointed counsel or other fees imposed by the trial court? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.