California, United States of America
The following excerpt is from People v. Martinez, F061718 (Cal. App. 2012):
'"[P]roceedings to assess attorney's fees against a criminal defendant involve the taking of property, and therefore require due process of law, including notice and a hearing.' [Citations.]" (People v. Phillips (1994) 25 Cal.App.4th 62, 72.) To this end, section 987.8, subdivision (b) states that where, as here, counsel has been appointed for a defendant, "upon conclusion of the criminal proceedings in the trial court, ... the court may, after notice and a hearing, make a determination of the present ability of the defendant to pay all or a portion of the cost thereof." (Italics added.)5
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