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.

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.

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.

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.

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 that question this week in State v. Murphy.

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.

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.

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.

When can money owed as the result of criminal case be docketed as a civil judgment?