California legal term
ability to pay in California Criminal Law
Current through 2026 California legislative session
In California criminal law, “ability to pay” is a term defined by statute rather than by its everyday meaning. Its statutory definition — quoted verbatim below — controls how the term is applied throughout the California criminal code.
What does “ability to pay” mean in California criminal law?
“ability to pay” means the overall capability of the defendant to reimburse the costs, or a portion of the costs, and shall include, but shall not be limited to, the following: (a) The defendant’s present financial position. (Cal. Penal Code § 1209)
Statutes defining or using this term
Related terms in the same statutes
This reference is informational and is not legal advice.