Mandatory Fines & The Affidavit of Indigency
Are you or is your client about to be sentenced for a first, second or third degree felony violation of a provision in Chapter 2925 (regarding drug offenses), Chapter 3719 (regarding controlled substances), or Chapter 4729 (regarding pharmacists/dangerous drugs)? Did you know the trial court is required to impose a fine pursuant to Ohio Revised Code Section 2929.18(B)(1)?
But a defendant can avoid the mandatory fine "[i]f an offender alleges in an affidavit filed with the court prior to sentencing that the offender is indigent and unable to pay the mandatory fine and if the court determines the offender is an indigent person and is unable to pay the mandatory fine." It is up to the court, but make sure you or your client file(s) the affidavit of indigency prior to sentencing.
Failing to file the affidavit of indigency prior to sentencing will often be fatal to an offender's attempt to avoid a mandatory fine because they are indigent. Not so in the case of State v. Williams, 2009-Ohio-657, in Ohio's Fourth Appellate District. Fortunately for Williams, the State conceded there was a reasonable probability the trial court would have found him indigent had he filed such an affidavit.
You or your client may not be so lucky, so if the offender is indigent and about to be sentenced for a violation of one of these sections, be sure to file an affidavit of indigency prior to sentencing.
