Is a defendant entitled to a hearing for attorney's fees under section 987.8(f) of the California Criminal Code?

California, United States of America


The following excerpt is from People v. Parson, B222714 (Cal. App. 2012):

"'[P]roceedings to assess attorney's fees against a criminal defendant involve the taking of property, and therefore require due process of law, including notice and a hearing.' [Citations.] The due process requirements of section 987.8(f) mandate that prior to the appointment of counsel the defendant receive "'notice reasonably calculated, under all the circumstances'" to apprise him of the potential of his liability for the costs of legal representation and of the possible effects of an order to pay such costs. [Citations.]" (People v. Smith (2000) 81 Cal.App.4th 630, 637 (Smith).)

Other Questions


Can a defendant be found to have committed a single physical act for purposes of section 654 of the California Criminal Code, Section 215 of the Code of Civil Procedure, Section 422 of the Criminal Code for carjacking? (California, United States of America)
Does section 667 of the California Criminal Code prohibit the District Attorney from invoking section 654 of the Criminal Code to strike a prior conviction enhancement under Section 667? (California, United States of America)
Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)
Can a defendant be punished under section 654(1) of the California Criminal Code for failing to comply with the requirements of Section 654 of the Criminal Code? (California, United States of America)
What is the test for Section 654 of the California Criminal Code when a defendant is found guilty of a breach of section 654 or section 744 of the Code of Civil Procedure? (California, United States of America)
Does the Attorney General's sentencing error under section 667.5, subdivision (a) of the California Criminal Code apply to recidivism enhancements under sections 667 and 667 of the Criminal Code? (California, United States of America)
Does section 654, subdivision (a) of the California Criminal Code, Section 654 of the Criminal Code protect a defendant against prosecution for an act or omission committed during a course of conduct deemed to be indivisible in time? (California, United States of America)
Does Section 654, subdivision (a) of the California Code of Criminal Procedure, section 654 of the Criminal Code, allow a defendant to be punished for more than one act? (California, United States of America)
Can a defendant be punished under section 654 of the California Criminal Code for failing to comply with the requirements of Section 654, subdivision (a) of the Criminal Code? (California, United States of America)
Can a self-represented defendant be found guilty of a criminal act against a criminal defendant under section 352 of the California Criminal Code? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.