What is the test for determining whether a defendant has the capacity to pay a $1,000 fine?
California, United States of America
The following excerpt is from People v. Smith, A159496 (Cal. App. 2021):
Moreover, a defendant's ability to pay is not limited to his present financial situation. (People v. Staley (1992) 10 Cal.App.4th 782, 785.) Rather, it can be based on a person's future ability to earn, including his ability to earn prison wages. (People v. Hennessey (1995) 37 Cal.App.4th 1830, 1837.) Here, defendant will be serving life in prison and has the capacity to earn during that time. Based on this record, even assuming the trial court erred when it assessed fines and fees without first determining
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defendant's ability to pay, we conclude that any potential error was harmless beyond a reasonable doubt.
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