Criminal,
California Supreme Court,
California Courts of Appeal
Oct. 9, 2025
State Supreme Court weighs ability-to-pay rule for criminal fines and fees
Appellate advocates urged the justices to require ability-to-pay hearings and shift the proof burden to prosecutors. The state countered that defendants are best positioned to show inability to pay and that the seriousness of the offense is a key factor.
A long-delayed legal battle over whether judges must consider a defendant's ability to pay before imposing fines, fees and assessments -- and which side bears the burden of proof -- was argued Wednesday afternoon before the state Supreme Court.
The appeal was filed by a man convicted of assault with a deadly weapon and conspiracy to commit murder, but the statewide legal dispute concerns whether Jason Hernandez's fines and fees should be stricken based on his inability to ...
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