North Carolina Criminal Law Blog

In case you missed it, there is a new method of obtaining relief from criminal monetary obligations. Rule 28 of the North Carolina General Rules of Practice was adopted in December of last year and became effective on Jan. 1, 2022. The rule is titled “The Equitable Imposition of Monetary Obligations in Criminal and Infraction Cases Based on the Defendant’s Ability to Pay.” It directs trial courts to determine the defendant’s ability to pay before imposing any discretionary monetary obligations in covered cases. The Administrative Office of the Courts has rolled out a new form, AOC-CR-415, to assist with implementation. The new rule and form provide a pathway to relief for a substantial number of current and past defendants. I have created a webinar discussing the details here, which can be viewed for free or for a small fee if CLE credit is desired. In the spirit of the rule, the .75 hour of CLE credit is offered at a discounted rate. Check it out or read on for some frequently asked questions about the rule.

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If a defendant has fully served a term of imprisonment, can he or she be further imprisoned for not paying a fine or costs?

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In State v. Rieger, ___ N.C. App. ___, 833 S.E.2d 699 (2019), the Court of Appeals held that court costs should be assessed only once for all related charges that are adjudicated together. I wrote about the case here. Today’s post looks at how the appellate courts have applied Rieger since it was decided last October.

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Two recent cases from the Court of Appeals highlight a recurring issue related to money in criminal cases: the requirement to give a defendant notice and an opportunity to be heard before entry of a judgment for attorney fees.

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When a defendant has multiple charges adjudicated together in the same hearing or trial, and those charges arose from the same underlying event or transaction, the court should assess costs only once. That’s the new rule according to State v. Rieger, a case recently decided by the court of appeals.

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Some of you have probably seen the School’s bench card on Criminal Monetary Obligations (it is available here). It may sometimes be helpful as a background reference, but it’s not set up in a way that helps a court put the law into action. You need a form.

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The Supreme Court decided Timbs v. Indiana yesterday, holding that the Eighth Amendment’s Excessive Fines Clause is an incorporated protection applicable to the states under the Fourteenth Amendment. What does the decision mean for North Carolina?

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The Administrative Office of the Courts has issued its most recent report on cost waivers to the General Assembly. This report covers the first full year of cost waiver data since the General Assembly’s amendment of G.S. 7A-304(a), requiring written notice and an opportunity to be heard for any government entity directly affected by a waiver. Let’s see if that change had an impact on waiver practices.

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Earlier this week, the students and I spent the afternoon at Central Criminal Court in London, formerly called the Old Bailey and located at the intersection of Old Bailey and Newgate streets in the heart of London’s law district. I can guarantee that this post will not be as captivating as Rumpole of the Bailey, the British television series about fictional barrister Horace Rumpole. But, like most trips to court, it was certainly interesting.

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My criminal justice students and I visited the British Library this morning to view an original Magna Carta (several originals were created by hand). I had considered taking them to Runnymede, the fabled meadow where the English barons forced King John to sign Magna Carta over 800 years ago in the year 1215. Apart from the time it would take to get there from London, I learned the British had repurposed the space to suit modern life. Runnymede is now considered an . . .

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