State v. LowdenAnnotate this Case
Defendant was charged with three Class E offenses. Defendant posted $500 cash bail in those matters and was assigned an attorney after the court found him indigent. While released on bail, Defendant was indicted on aggravated trafficking of scheduled drugs. Defendant moved for an assignment of counsel in the aggravated trafficking matter. The court granted the motion and ordered that the $500 bail he previously posted be applied to his attorney fees. Following an appeal in which Defendant was represented by his court-assigned attorney, the Supreme Court vacated Defendant’s conviction, and Defendant was acquitted of the aggravated trafficking charge. Defendant’s Class E charges were ultimately dismissed. Defendant then requested the return of his $500 cash bail in the Class E matters. The motions were denied on the grounds that the bail had been applied to counsel fees. The Supreme Court affirmed, holding that even though Defendant was eventually acquitted of the aggravated trafficking charge and his other charges were dismissed did not mean he was relieved of his obligation to pay the ordered portion of his attorney fees.