Legal Question in Criminal Law in California
Court appointed attorney fee
Is it legal for the judge to order a defendant to pay for their court appointed attorney? If the defendant states he or she cannot afford an attorney, then how can he charge up to $300.00 for being represented?
2 Answers from Attorneys
Re: Court appointed attorney fee
Appointment of a public defender is based on ability to pay. Where there is an ability to pay, the payment is scaled according to the defendant's financial abilities. Apparently, the court viewed you as able to contribute money toward your defense and charged you.
Re: Court appointed attorney fee
The court may order your to pay attorney fees upto a court amount, the attorney fees you will actually pay will depend upon your financial ability to pay. Usually the county department of revenue determines your ability to pay the court ordered attorney fees. If you disagree with the amount determined by the department of revenue you should be able to have a hearing before the judge to determine tha amount of attorney fees you can pay back.
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