California AB-2495: Prosecuting attorneys: charging defendants for the prosecution costs of criminal violations of local ordinances.

Following investigative reporting and litigation regarding private law firms prosecuting code violations and charging defendants steep attorneys fees, California’s legislature moved to prohibit the state, cities and counties from charging defendants prosecution fees, including attorney’s fees, unless specifically authorized by state law.

You can read the full text of AB-2495 here. The Institute for Justice also created a video about prosecution fees in California.

Key Provisions
  • Cities and counties are prohibited from charging a defendant for the costs of investigation, prosecution, or appeal in a criminal case. This includes, but is not limited to, criminal violation of a local ordinance.
  • “Nothing in this section shall be interpreted to affect the authority of a probation department to assess and collect fees.”
Chad Mayes, Eduardo Garcia