Evaluating Ability to Pay
Today’s post considers when a court should—and sometimes must—evaluate a defendant’s ability to pay a monetary obligation in a criminal case.
May 1, 2018
Lab Fees Are a Cost, Not Restitution
Laboratory expenses for analysis of controlled substances used to be ordered as restitution. Since 2002, they have been a court cost. There is a difference.
April 13, 2018
Legal Financial Obligations Table
In my last post I wrote about some of the statutory options for providing relief from various criminal legal financial obligations. Several of my “friends” gave me a hard time […]
April 6, 2018
Relief from Monetary Obligations Aside from Waiver
Not all types of relief from a criminal monetary obligation trigger the statutory requirements for notice, hearing, and findings.
February 2, 2018
2018 Cost Waiver Report Available
The Administrative Office of the Courts has submitted its annual report on criminal cost waivers to the General Assembly. The report, available here, tracks court cost waivers under G.S. 7A-304(a)—among […]
January 4, 2018
Some Additional Thoughts on the New Cost and Fine Waiver Procedures
With the work of the court system picking up steam after its holiday pause—perhaps with an additional interruption for winter weather in some parts of the state (stay safe, everyone)—questions […]
October 20, 2017
I’m Just a Civil Judgment
Many of you probably remember the “I’m Just a Bill” segment from the Schoolhouse Rock! series. It explained—through a musical number that will be stuck in your head all day—how […]
September 29, 2017
Costs “Not Assessed”
Under G.S. 7A-304(a), when a defendant is convicted, court costs “shall be assessed,” unless the court waives them pursuant to a written order determining that there is just cause to […]
August 11, 2017
New Notice Requirements for Waivers and Remissions of Certain Monetary Obligations
On December 1, 2017, two new rules will kick in for waivers and remissions of costs, fines, and restitution. Today’s post offers some preliminary thoughts on those new rules.
February 17, 2017
2017 Cost Waiver Reports Available
The Administrative Office of the Courts recently submitted two reports on criminal cost waivers to the General Assembly. The first report covers court cost waivers under G.S. 7A-304(a). The other […]
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- Maggie Bailey
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