What is the test for ordering a defendant to pay attorney's fees?

California, United States of America


The following excerpt is from People v. Coakley, B231522 (Cal. App. 2012):

Section 987.8 provides that a court may order a defendant to reimburse the county for the cost of legal representation. The trial court, at the conclusion of the trial, and after notice and a hearing, must make a determination of the defendant's ability to pay all or a portion of the actual cost of his or her legal representation. ( 987.8, subd. (b).) '"Proceedings to assess attorney's fees against a criminal defendant involve the taking of property, and therefore require due process of law, including notice and a hearing.'" (People v. Smith (2000) 81 Cal.App.4th 630, 637.)

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