Ohio Criminal Appeals Lawyer Blog

Police sometimes set up controlled drug buys to snare known drug dealers. They set up a confidential informant with the buy money and send the CI in to make the buy. Law enforcement do not always swoop in and make an arrest. Instead, the drug salesperson/entrepreneur is able to take the money which is never recovered. When the State finally decides to charge the drug dealer, they may seek the "buy money" as restitution.

But, as the Fifth District Court of Appeals just pointed out in State v. Justice, 2010-Ohio-4781, the State is not a "victim" contemplated by Ohio Revised Code Section 2929.18(A)(1). That section talks about a "victim of the offender's crime." And "a government entity voluntarily advancing its own funds to pursue a drug buy through an informant is not one of the scenarios contemplated by R.C. 2929.18(A)(1)." State v. Pietrangelo, 2005-Ohio-1686.

If you are accused of a crime or have been convicted already, contact me if you can afford to hire a private attorney. Otherwise, contact your county or state public defender to see if they can help.

Ohio Revised Code Section 2929.18(A)(1) concerns orders of restitution. The section clearly states that "[i]f the court decides to impose restitution, the court shall hold a hearing on restitution if the offender, victim or survivor disputes the amount."

A defendant sentenced in Wood County, Ohio, disputed the restitution ordered at their sentencing on a theft offense. The trial judge failed to hold a hearing so the Sixth District Court of Appeals reversed and remanded the case as you can read by clicking here.