What is the test for a plaintiff's claim that he was ordered to pay a restitution fine, fees and other assessments without determining his ability to pay?

California, United States of America


The following excerpt is from People v. Lucatero, F077927 (Cal. App. 2020):

On appeal, he contends the court improperly ordered him to pay a restitution fine, fees, and other assessments without determining his ability to pay, in violation of his constitutional right to due process under People v. Dueas (2019) 30 Cal.App.5th 1157 (Dueas). We affirm.

Other Questions


What are the consequences of a Federal Court finding that a federal court violated a plaintiff's constitutional rights by imposing fees and fines without making a determination of his ability to pay? (California, United States of America)
If a court imposes a restitution fine under Penal Code section 1202.4, must the restitution fine be the same amount as the parole revocation fine? (California, United States of America)
Can a probation officer order a restitution order for a defendant who has not objected to the restitution order? (California, United States of America)
Does a defendant have a right to appeal against a minimum restitution and criminal conviction assessed without a determination of his ability to pay? (California, United States of America)
What is the test for appealing against a finding that a defendant's ability to pay a restitution fine was improperly assessed? (California, United States of America)
What is the test for determining whether a defendant has the ability to pay a restitution fine? (California, United States of America)
What is the test for determining whether a defendant has the ability to pay a restitution fine? (California, United States of America)
What is the test for determining whether a defendant has the ability to pay a restitution fine? (California, United States of America)
Can a defendant appeal against a finding that the Court improperly imposed fines and fees without determining whether he had the ability to pay them? (California, United States of America)
What is the test for determining whether the court considered all relevant factors in determining a plaintiff's claim? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.