What is the proper remedy when a court orders a defendant to pay attorney fees under section 987.8 without substantially complying with procedural safeguards?

California, United States of America


The following excerpt is from People v. Estrada, A153914 (Cal. App. 2019):

information in the record relative to [the defendant's] financial circumstances support[ed] his claim of indigency"]; cf. People v. Flores (2003) 30 Cal.4th 1059, 1063, 1069 [remand is the proper remedy when a court orders a defendant to pay attorney fees under section 987.8 without substantially complying with procedural safeguards enumerated in that section].)

As for booking fees, "[t]hree statutes address defendants' payment of jail booking fees, Government Code sections 29550, 29550.1, and 29550.2. Which section applies to a given defendant depends on which governmental entity has arrested a defendant before transporting him or her to a county jail." (People v. McCullough (2013) 56 Cal.4th 589, 592 (McCullough).) Here, as stated above, probation recommended a booking fee be imposed pursuant to Government Code section 29550.1, while the minute order stated the fee was imposed under Government Code section 29550.2. It appears probation was correct. Government Code section 29550.3, subdivision (a) provides: "A city which books or processes persons to a jail administered by it and which does not otherwise incur an administrative fee from the county, may establish and collect an administrative fee for an arrested person pursuant to the same standards and procedures set forth in Section 29550.1." The City and County of San Francisco elected to establish and collect a booking fee under the "standards and procedures set forth in Section 29550.1 of the Government Code" pursuant to the authority of this statute. (See San Francisco Admin. Code, former 8.38.)

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