Court costs must be imposed at the sentencing hearing
The Ohio Supreme Court held today that a trial court errs when it imposes court costs on a defendant, pursuant to former R.C. 2947.23, in the sentencing entry where it failed to inform the defendant at the sentencing hearing that court costs would be imposed. The Court cites Criminal Rule 43(A) which requires that the defendant be present at sentencing and every other stage of his trial. And the Court found that the defendant was harmed because "he was denied the opportunity to claim indigency and to seek a waiver of the payment of court costs before the trial court." In cases such as this, the case is remanded to the trial court to give the defendant the opportunity to request a waiver of the court costs. Read the decision in State v. Joseph, 125 Ohio St.3d 76, 2010-Ohio-954, here.
If you are accused of a crime or have been convicted already, contact me if you can afford to hire a private criminal defense lawyer. Otherwise, contact your county or state public defender to see if they can help.
Contact me 24/7 by sending an email to ohiocriminalappealslawyer@gmail.com
