What is the test for determining whether a defendant has the ability to pay attorney fees under section 987.8?
California, United States of America
The following excerpt is from People v. J.C. (In re J.C.), H038359 (Cal. App. 2013):
An ability-to-pay finding must be supported by substantial evidence. (Cf. People v. Nilsen (1988) 199 Cal.App.3d 344, 347, 351 [trial court's determination that the defendant had the ability to pay attorney fees under section 987.8 was not supported by substantial evidence].)
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