No Authority for Immediate Civil Judgments on Criminal Costs and Fines
The practice of ordering a civil judgment for costs and fines at the outset of a criminal case has run its course.
June 6, 2022
Getting Relief from Criminal Monetary Obligations: New Webinar and FAQ on Rule 28 of the General Rules of Practice
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 […]
September 17, 2020
New AOC Form for Relief from Monetary Obligations
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 […]
February 14, 2020
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 […]
August 24, 2018
State v. Murphy and Restitution for Unconvicted Conduct
In 2010, I wrote a post asking, “Can a defendant be ordered to pay restitution based on offenses that did not result in a conviction?” The court of appeals answered […]
June 28, 2018
Factors to Consider When Thinking about a Defendant’s Ability to Pay
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 […]
June 21, 2018
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.
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.
April 14, 2016
Civil Judgments for Criminal Monetary Obligations
When can money owed as the result of criminal case be docketed as a civil judgment?
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