Equitable Imposition of Monetary Obligations in Criminal Cases

and Infraction Cases Based on the Defendant’s Ability to Pay (a) Scope. This rule applies only in criminal cases and infraction cases in which the court has discretion to impose costs, fees, fines, restitution, or other monetary obligations equitably based on the defendant’s ability to pay. (b) Motion for Relief. A defendant convicted of a crime or found responsible for an infraction may use AOC-CR-415, Request for Relief from Fines, Fees, and Other Monetary Obligations, to move the court to impose costs, fees, fines, restitution, or other monetary obligations equitably based on the defendant’s ability to pay. (c) Determination by Court. The court must consider the defendant’s motion and, if necessary, conduct a hearing. The court must rule on the motion prior to imposing costs, fees, fines, restitution, or other monetary obligations and may grant the defendant any relief permitted by law. History Note. 379 N.C. 770. 40 TOC Rule 29