What is the impact of a failure to hold an ability to pay hearing on a defendant who is serving time for assault and assault charges?
California, United States of America
The following excerpt is from People v. Maradiga, E071366 (Cal. App. 2019):
Maradiga's Dueas claim, we conclude that even if the failure to hold an ability to pay hearing were error, it would be harmless beyond a reasonable doubt. Given Maradiga's relatively young age and his lengthy prison sentence (which will still be long even if the court runs some counts concurrently), he would not be able to demonstrate he couldn't pay the total amount imposed with prison wages. (People v. Jones (2019) 36 Cal.App.5th 1028 (Jones).)
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