California Penal Code Section 987.8 - Example Case

In People v. Smith (2000) 81 Cal.App.4th 630, the defendant had reason to be aware he might be held responsible for payment of attorney fees but was not given notice specifically complying with the requirements of section 987.8. (Smith, at p. 638.) The appellate court affirmed the order because the defendant had not demonstrated prejudice: He was aware of the possibility he might be ordered to pay the fees, a hearing on the issue was held, and he did not argue he lacked ability to pay or the amount ordered was erroneous. (Id. at pp. 638-639.)