North Carolina Criminal Law Blog

The practice of ordering a civil judgment for costs and fines at the outset of a criminal case has run its course.

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The Administrative Office of the Courts has issued a new form, AOC-CR-415, through which a person can make a motion for relief from costs, fines, and other monetary obligations. The form also doubles as the order through which a judge can rule on the motion.

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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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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.

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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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The School of Government has published a new resource on Monetary Obligations in North Carolina Criminal Cases.

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In my last post, I wrote about when the court should and must consider a defendant’s ability to pay a monetary obligation. Today’s post talks about some of the specific factors the court might consider in evaluating a person’s ability to pay.

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