What is the test for determining whether a defendant has been ordered to pay all or a portion of the cost of legal assistance provided to him under section 987.8 of the Penal Code?
California, United States of America
The following excerpt is from The People v. Perez, B216988, Ct. No. PA062658 (Cal. App. 2010):
"Subdivision (b) of section 987.8 of the Penal Code... provides that, upon the conclusion of criminal proceedings in the trial court, the court may, after giving the defendant notice and a hearing, make a determination of his present ability to pay all or a portion of the cost of the legal assistance provided him." (People v. Flores (2003) 30 Cal.4th 1059, 1061.) Where the trial court errs by failing to hold the required hearing, we have authority to remand the case to the trial court for correction of the error by giving the defendant the notice and hearing required by statute. (Id. at p. 1068.)
Page 3
"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.
