Oregon v. Morales
Annotate this CaseDefendant Gerardo Morales was indicted on various sex crime charges and, after the trial court set bail, defendant’s mother paid $20,000 as security for defendant’s release prior to trial. The notice defendant’s mother signed when depositing the security funds on defendant’s behalf stated that “[t]he Court may order that the security deposit be applied to any fines, costs, assessments, restitution, contribution, recoupment, or other monetary obligations that are imposed on the defendant.” Defendant was represented by court-appointed counsel at trial, after which the jury found defendant guilty of several sex offenses. Following those convictions, the State requested that defendant be required to pay attorney fees for his court-appointed counsel. Defendant objected on the ground that the court could not find that he had the ability to pay attorney fees. The State argued that when a third party makes a security deposit on behalf of a criminal defendant, that third party was informed that fees or fines might be paid out of that deposit. For that reason, the State argued, those funds were available to pay court-ordered fees and the defendant therefore had the “ability to pay” such fees out of the security amount. The court found defendant did not have the ability to pay, but nevertheless imposed $5,000 in attorney fees and ordered it to be paid out of the money deposited by defendant’s mother as security for his pretrial release. On appeal, the Oregon Supreme Court held that because the trial court determined defendant did not have the ability to pay, it erred in imposing the fees on the basis of the third party's security payment alone.
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