What is the test for determining whether a defendant has the ability to pay defense costs?

California, United States of America


The following excerpt is from People v. Webb, 13 Cal.App.5th 486, 220 Cal.Rptr.3d 679 (Cal. App. 2017):

made only if the court concludes, after notice and an evidentiary hearing, that the defendant has the present ability ... to pay all or a portion of the defense costs. [Citations.] If this finding is made, the court shall set the amount to be reimbursed and order the defendant to pay the sum to the county in the manner in which the court believes reasonable and compatible with the defendant's financial ability. " ( People v. Verduzco (2012) 210 Cal.App.4th 1406, 1420, 149 Cal.Rptr.3d 200.)

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