What is the test for notice and hearing to determine whether a defendant has the ability to pay all or part of the cost of a public defender's fees?

California, United States of America


The following excerpt is from People v. Avila, B209094 (Cal. App. 8/20/2009), B209094 (Cal. App. 2009):

Under section 987.8, subdivision (b), upon conclusion of criminal proceedings in the trial court, the court may, "after notice and hearing," determine the defendant's present ability to pay all or part of the cost of legal assistance provided by the public defender (or appointed private counsel). If it determines that the defendant does have the present ability to pay, the court shall set the amount to be paid and order the defendant to pay it to the county in a manner compatible with the defendant's financial ability. (See 987.8, subd. (e).) The requirements of notice and hearing not only are expressly provided, they also would be implied as a matter of due process. (People v. Amor (1974) 12 Cal.3d 20, 30.)

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