What is the authority of a court to order a defendant who has received legal assistance at public expense to pay all or part of the cost?

California, United States of America


The following excerpt is from People v. Batres, H041169 (Cal. App. 2016):

The court's authority to order a defendant who has received legal assistance at public expense to pay all or part of the cost is set forth in section 987.8. (People v. Viray (2005) 134 Cal.App.4th 1186, 1213.) "In any case in which a defendant is provided legal assistance, either through the public defender or private counsel appointed by the court, . . . the court may, after notice and a hearing, make a determination of the present ability of the defendant to pay all or a portion of the cost thereof." ( 987.8, subd. (b).) "If the court determines that the defendant has the present ability to pay all or a part of the cost, the court shall set the amount to be reimbursed and order the defendant to pay the sum to the county . . . ." (Id., subd. (e).)

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