Motion to Remit Monetary Obligations

In today’s post I’m sharing two draft forms with which a defendant might gather information about his or her financial situation and, based on that situation, request relief from various monetary obligations, including costs, fines, and restitution.

The first form, available here, is intended to be used at sentencing to pursue front-end relief, like a waiver of court costs or a decision not to impose a fine. It prompts the defendant to include information about his or her monthly income and expenses in support of the requested relief.

The second form, available here, is meant to be used after sentencing, perhaps at a probation violation hearing or show cause hearing, or as a standalone vehicle for requesting later relief from obligations imposed at sentencing.

I am especially interested in your feedback about the contents of the questions meant to give a picture of the defendant’s ability to pay. The data points I chose to include came from a variety of sources, including similar resources in use in other states—and of course the short list of factors the court is required under North Carolina law to consider whenever ordering restitution. G.S. 15A-1340.36(a). But if you think other data might be helpful, please let me know.

Once the final contents of the form are settled, we’ll incorporate them into a mobile and web application that walks the user through a dialogue that draws out the necessary information and populates it into the form. I’ll also pair both forms up with an order through which the court can respond to the requested relief. An earlier draft of that is available here, but I am streamlining it. Thank you to those of you who provided feedback on it.

 

One comment on “Motion to Remit Monetary Obligations

  1. Can you please help, i was incarcerated for a few misdermeanors , i was sentenced to 7 months at the time, however while the d.o.c.were transporting me in 5 point restraints in a public safety vehicle this correction officer had fell asleep at the wheel it was 12 midnight , anyways i had 4 seperate operations been on disability sence that day , the jurys verdict was $ 187 thousand dollars, however the state filed a motion to remitt that amount claiming the insurance coverage did not have that much coverage which is a blatant lie , to this very day , let me back up the judge reduced this jury verdict to$20 thousand dollars i never and wont sign a check or release because i have the true declarations and the stATe has a minimum of uninsured / underinsured at $ 1 million dollars coverage , and thee liability is 50 million and above, im jjust so outraged i was 38 years old when this accident took place in 2004, im 54 now my trial was in 2010 and this was fraud upon the court collusion in the worse way , IVE BEEN ON DISABILITY WHICH IS MEDICADE , IS THERE ANY RECOURSE I HAVE TO COLLECT THIS JURY VERDICT, AT $ 187GRAND I CALLED THE SPECIALTY RISK INSURANCE COMPANY AND THEY SAID THEY CANT PAY ME THAT AMOUNT BECAUSE THE STATE THE JUDGE AGREEDED TO THIS MOTION TO REMITT, WITHOUT HAVING A HEARING OR ANYTHING , MY ATTORNEY COLLABERATED WITH THIS FRAUD, MY LIFE AND THESE INJURYS INSUSTAINED HAVE TAKIN A SERIOUS TOLL ON EVERY DAY LIVING, WHAT CAN I DO AS FAR AS GETTING IT BACK ON THE TABLE AND RECOVERING WHAT THE JURY VERDICT WAS