State v. Rinehart

Summarized by:

  • Court: Oregon Court of Appeals
  • Area(s) of Law: Attorney Fees
  • Date Filed: 06-02-2016
  • Case #: A156717
  • Judge(s)/Court Below: Ortega P.J. for the Court; Lagesen J.; & Garrett J.

A criminal defendant may not be required to pay attorney fees unless the defendant is or may be able to pay those fees.

Defendant appealed his guilty conviction of driving under the influence of intoxicants and second-degree theft, alleging error in the imposition of attorney fees because the record was silent as to whether the Defendant "[was] or may be able" to pay those fees. The Court held that the trial court erred by imposing $416 worth of attorney fees. The State conceded to that error and the Court reversed the error. Reversed.

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