What is the test for determining whether a defendant is able to pay a restitution fine above the statutory minimum?
California, United States of America
The following excerpt is from People v. Ball, C078566 (Cal. App. 2016):
Furthermore, though ability to pay is one of the factors a trial court should consider in imposing a restitution fine above the statutory minimum, it is not the only factor. (People v. DeFrance (2008) 167 Cal.App.4th 486, 504-505.) The trial court must also consider "the seriousness and gravity of the offense and the circumstances of its
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