Does a defendant who is sentenced to prison have the ability to pay his defense costs?
California, United States of America
The following excerpt is from The People v. Powell, C063029, No. 080802 (Cal. App. 2010):
Thus, the statutory scheme establishes "a presumption... that a defendant sentenced to prison does not have the ability to reimburse defense costs." (People v. Flores, supra, 30 Cal.4th at p. 1068, italics added.)
Generally, a finding of a present ability to pay need not be express; it may be implied through the content and conduct of the hearings. (People v. Phillips, supra, 25 Cal.App.4th at pp. 71-72.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a finding of unusual circumstances need to overcome the presumption that a defendant sentenced to state prison does not have the ability to reimburse his defense costs? (California, United States of America)
Can a defendant who served a prior prison sentence for non-sexually violent crimes receive additional enhancements to his sentence under section 12022.6 of the California Criminal Code when his sentence is not yet final? (California, United States of America)
Does a person who remains in custody prior to sentencing receive credit against their prison sentence for all those days spent in custody before sentencing? (California, United States of America)
Is a defendant's history of violence relevant to the sentencing of a defendant in a capital sentencing trial? (California, United States of America)
Can a defendant who has served determinate prison sentences receive good behavior/participation credits to shorten their sentence? (California, United States of America)
Is a defendant's ability to handle a defense of entrapment defense of his own? (California, United States of America)
What is the case law on sentencing a defendant to a more severe sentence than a defendant convicted of murder? (California, United States of America)
What is the case law on sentencing a defendant to a more severe sentence than a defendant convicted of murder? (California, United States of America)
What is the role of a court in sentencing a defendant to a sentence that is within the legislatively determined limits of a criminal sentence? (California, United States of America)
Is a defendant entitled to a comparative sentence review equivalent to that provided for determinately sentenced felons under the "disparate sentence" statute? (California, United States of America)
