What is the test for determining whether a defendant has the ability to pay probation fees?
California, United States of America
The following excerpt is from People v. Arreazola, F072352 (Cal. App. 2017):
A finding that the defendant has the ability to pay will be upheld if supported by substantial evidence. (People v. Phillips (1994) 25 Cal.App.4th 62, 70-71.) "When a
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court orders a defendant in a criminal case to pay certain probation fees, it may not consider a period of more than one year from the date of hearing to determine the defendant's future financial position. [ 1203.1b.] The court, however, is not limited to one year in ordering how long a defendant must make periodic payments." (People v. Hoover (2011) 199 Cal.App.4th 1470, 1471-1472.)
"Ability to pay does not necessarily require existing employment or cash on hand." (People v. Staley (1992) 10 Cal.App.4th 782, 785.) "Where the defendant is capable of supporting himself with legitimate employment, the trial court may also consider his ability 'to find and maintain productive employment[.]' " (People v. Ramirez (1995) 39 Cal.App.4th 1369, 1377.)
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