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Fines, Fees, Assessments and Considering Defendant’s Ability to Pay

Case Name: People v. Kopp (2019) 38 Cal.App.5th 47, review granted 11/13/2019
Case #: S257844/D072464
Last Updated: June 17, 2020

(1) Must a court consider a defendant’s ability to pay before imposing or executing fines, fees, and assessments? (2) If so, which party bears the burden of proof regarding the defendant’s inability to pay?

Review on this issue has also been granted with briefing deferred in:

  • People v. Hicks (2019) 40 Cal.App.5th 320, review granted 11/26/2019 (S258946/B291307)
  • People v. Belloso (2019) 42 Cal.App.5th 647, review granted 3/11/2020 (S259755/B290968)
  • People v. Cowan (2020) 47 Cal.App.5th 32, review granted 6/17/2020 (S261952/A156253)

 

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