Can counsel argue that failing to object to fines, fees and penalties imposed as a condition of probation constitute ineffective assistance of counsel?
California, United States of America
The following excerpt is from People v. Fain, C075572 (Cal. App. 2016):
As discussed above, the fines, fees, and penalties imposed are not conditions of defendant's probation. Thus, counsel was not ineffective in failing to object to the fines, fees, and penalties on that ground. (People v. Samaniego (2009) 172 Cal.App.4th 1148, 1170 ["Failure to make meritless objections cannot be the basis of an ineffective assistance of counsel claim."].)
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