State v. Gibbons

Docket number
DA 21-0413

Ruled that a statute imposing a mandatory minimum $5,000 fine without regard to a criminal defendant’s ability to pay was facially unconstitutional in violation of Montana’s proportionality requirement and the Excessive Fines and Fees Clause. In so holding, the court overruled prior case law that imposed a minimum to the extent it prevented a court from considering an offender’s ability to pay prior to imposing any fine.

Opinions, Briefs and other Documents

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