Is a Defendant entitled to a Defendant's attorney fee reimbursement as part of the terms and conditions of his probation?
California, United States of America
The following excerpt is from People v. Shovey, E056139 (Cal. App. 2013):
3. Defendant does not challenge the appointed counsel fee order in the first case but, as the People point out, conditioning probation upon the payment of appointed counsel fees is prohibited in California. (People v. Flores (2003) 30 Cal.4th 1059, 1067, fn 5, and cases cited therein.) Accordingly, the attorney fee reimbursement ordered in case number FMB1000504 as part of defendant's terms and conditions of probation, is void.
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