Name And Address Of AttorneyStreet Address
Defendant’s Telephone No.
Defendant’s Date Of Birth
I am self-represented.
I am homeless.
MOTION FOR RELIEF FROM FINES, FEES
AND OTHER MONETARY OBLIGATIONS,
AND ORDER ON MOTION
Name Of Defendant
File No.
STATE VERSUS
STATE OF NORTH CAROLINA
County
In The General Court Of Justice
District Superior Court Division
Title Of Position(s)
ABILITY TO PAY WORKSHEET
MONTHLY INCOME (money you make)
Name Of Employer(s)
I am unemployed.
a. Employment Income (after taxes)
Amount Per MonthDescription
$
Title Of Spouse’s Position(s)Name Of Spouse’s Employer(s)
My spouse is unemployed or I have no spouse.
b. Spouse’s Employment Income (after taxes), If Any $
e. Pension Payments
d. Rental Property Income
c. Investment Income
$
$
$
f. Child Support Payments Received By You
g. Gifts From Others
h. Other Income
(specify)
TOTAL MONTHLY INCOME
$
$
$
$
This income supports me and other people.
PUBLIC ASSISTANCE
a. TANF (Temporary Assistance for Needy Families)
Amount Per MonthDescription
$
d. SNAP/Food Stamps
c. Social Security Disability Insurance (SSDI)
b. Supplemental Security Income (SSI)
$
$
$
e. Veterans’ Benets
f. Other Public Assistance
(specify)
$
$
This public assistance supports me and other people.
$
TOTAL MONTHLY PUBLIC ASSISTANCE
(Over)
AOC-CR-415, New 9/20
© 2020 Administrative Oce of the Courts
MONTHLY EXPENSES (money you pay out)
a. Rent/Mortgage
Amount Per MonthDescription
$
d. Health Care/Medications (include medical debt repayment)
c. Utilities (power, water, heating, phone, internet, etc.)
b. Food/Groceries
$
$
$
e. Car/Transportation (include car insurance)
f. Entertainment
g. Child Care/Child Support Payments
h. Education (school tuition/fees)
(list school or program attended)
$
$
$
i. Taxes
j. Other expenses
(specify)
$
$
$
(Over - Defendant is to complete Certicate of Service on the next page)
(complete any or none of the checkbox options below)
I request to be given until
(enter date)
to pay any imposed monetary obligation.
I
request a payment plan requiring a total payment of no more than $ per month.
I request to complete community service in lieu of monetary payments.
I could pay $ today without substantially impacting my ability to pay other basic living expenses.
Under penalty of perjury, I declare that the information on this form is true and correct to the best of my knowledge.
Printed Name SignatureDate
ADDITIONAL INFORMATION
$TOTAL MONTHLY EXPENSES
a. Total Value of Bank and Other Investment Accounts Owned By You (specify types, but do not include
account numbers)
$
Based on the information presented above, I, the defendant named above,
(complete only one of the two checkbox options below)
request/move that the Court waive/remit/exempt the balance of ALL costs, fees, fines, and restitution.
request/move that the Court waive/remit/exempt the balance of the following specific monetary obligations:
(list)
REQUEST/MOTION
b. Total Value of Residence and Other Real Property Owned By You (specify)
c. Total Value of Jewelry and Other Personal Property Owned By You
(specify)
$
$
d. Total Value of Vehicles Owned By You (motor vehicles, watercraft, etc.) (specify)
$
e. Total Value of Debt You Owe to Others (specify) $
f. Other Information (Use the space below to provide any additional information about other circumstances the court should consider, such as your
ability to earn, a disability or illness, a recent term of incarceration, a change in work hours, or specic consequences.)
AOC-CR-415, Side Two, New 9/20, © 2020 Administrative Oce of the Courts
ORDER ON MOTION FOR RELIEF
The defendant’s request for relief from monetary obligation is:
1.
Granted as indicated in the judgment or in the order below.
2.
Denied.
I certify that a copy of this Motion was served by:
delivering a copy personally to the prosecutor.
depositing a copy, enclosed in a postpaid properly addressed envelope, in a post office or official depository under the exclusive
care and custody of the U.S. Postal Service directed to the prosecutor.
leaving a copy at the office of the prosecutor with an associate or employee.
Service accepted by prosecutor.
ORDER (INITIAL SENTENCING)
After notice and an opportunity to be heard and make objection by any directly affected government entity, the Court:
1. Waives the following costs:
2.
Reduces the following costs to the amount indicated below:
3.
In support of the waivers or reductions noted above, the Court nds just cause for that result in that the defendant:
Has no present ability to pay the monetary obligations indicated above.
Other:
.
For good cause and upon motion of the defendant, the defendant is exempted from
(select all that apply)
1. Probation supervision fees under G.S. 15A-1343(c1).
2. Electronic monitoring device fees under G.S. 15A-1343(c2).
3. Satellite-based monitoring fees under G.S. 14-208.45.
All costs,
excluding any
G.S. 7A-455.1
attorney
appointment
fee.
GCJF
Facilities Fee
Telecom/Data Fee
LEO Retirement Fee
LEO Training Fee
DNA Fee
Community Service Fee*
*NOTE:
There is ambiguity
as to whether this fee may be
waived.
Arrest/Process Fee
Chapter 20 Fee
Improper Equipment Fee
Impaired Driving Fee
Pretrial Jail Fee
Pretrial Release Services Fee
Blood Test (Parentage) Fee
Witness Fee
Lab/Hosp. Fee (Non-Digital Forensics)
Lab Fee (Digital Forensics)
Lab/Hospital Expert Witness Fee
Installment Setup Fee
Failure To Appear Fee
Failure To Comply Fee
State Crime Lab (Non-Digital Forensics) $
State Lab Expert Witness $
Local Lab (Non-Digital Forensics) $
Local Lab Expert Witness $
Private Hospital Toxicology $
Private Hospital Expert Witness $
(Over)
CERTIFICATE OF SERVICE
Date Served
Title
Signature Of Person Accepting Service
Name And Title Of Person With Whom Copy Left
Signature Of Person Serving
AOC-CR-415, Page Two, New 9/20
© 2020 Administrative Oce of the Courts
AOC-CR-415, Page Two, Side Two, New 9/20
© 2020 Administrative Oce of the Courts
CIVIL JUDGMENT
SIGNATURE OF JUDGE
ADDITIONAL ORDERS
1. License Revocation. The defendant has demonstrated to the Court under G.S. 20-24.1(b) that the failure to pay a penalty, fine, or
costs was not willful and that he or she is making a good faith effort to pay or that the penalty, fine, or costs should be remitted.
2.
Failure to Appear. The Court strikes the Failure to Appear fee under G.S. 7A-304(a)(6) upon a showing that the defendant failed
to appear because an error or omission of a judicial ocial, prosecutor, or law enforcement ocer.
3.
Other:
NOTE:
Civil judgments for attorney fees and the attorney appointment fee are ordered through the Trial Level Fee Application (AOC-CR-225) and
should not be entered again on this Order. Civil judgments for restitution are entered on the Restitution Worksheet (AOC-CR-611) or Restitution Update
Worksheet (AOC-CR-612) and should not be entered on this Order.
1.
In response to the defendant’s default in the payment of costs, the Court orders a judgment for costs docketed as a lien on the
defendant’s real estate under G.S. 15A-1365. (NOTE:
No interest accrues on judgments for costs. G.S. 24-5.)
2.
In response to the defendant’s default in the payment of nes, the Court orders a judgment for nes docketed as a lien on the
defendant’s real estate under G.S. 15A-1365. (NOTE:
Interest accrues on judgment for nes at 8 percent per year. G.S. 24-1.)
Name Of Presiding Judge (type or print) Signature Of Presiding JudgeDate
2.
Remits the balance of the ne imposed in this case.
3.
Reduces the ne imposed in this case to $ .
4. The defendant is allowed additional time to pay costs and/or fines as follows:
Restitution. After notice and an opportunity to be heard by the district attorney, the victim, the victim’s estate, and any other entity to
which restitution is owed, the court finds that remission of restitution is warranted and serves the interests of justice and:
Remits the balance of restitution in full.
Remits the balance of restitution in part as follows:
ORDER (LATER ACTION)
Upon petition of
the defendant, a prosecutor, and after notice and an opportunity to be heard and make objection by any
directly affected government entity, the Court:
1. Remits or reduces the following costs as indicated below:
Remits the
balance of
all costs
and fees,
excluding
any G.S.
7A-455.1
attorney
appointment
fee.
GCJF
Facilities Fee
Telecom/Data Fee
LEO Retirement Fee
LEO Training Fee
DNA Fee
Arrest/Process Fee
Chapter 20 Fee
Improper Equipment Fee
Impaired Driving Fee
EHA Fee
SBM Fee
Pretrial Jail Fee
Probation Jail Fee
Pretrial Release Fee
Lab/Hospital Fee
Lab Fee (Digital Forensics)
Lab/Hosp. Expert Witness Fee
Installment Setup Fee
Failure To Appear Fee
Failure To Comply Fee
Witness Fee
Probation Supervision Fee
Blood Test (Parentage) Fee
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
$
REMIT REMITDESCRIPTION DESCRIPTIONREDUCE TO REDUCE TO