304.1Sentencing Issues

Fines, Costs, and Restitution
Print
Last Updated: 12/01/23

Key Concepts

  • Any sentence may include a fine, and the amount is left in the judge's discretion, subject to statutory maximums for ordinances and Class 2 or Class 3 misdemeanors.
  • Costs apply automatically in every case upon conviction, unless waived by the court.
  • Restitution must be considered in every case, and it must be ordered for any victim covered by the Crime Victims’ Rights Act. Restitution applies to losses such as medical bills and damage to property, but does not apply to losses for pain and suffering or for punitive damages.

For a concise and printable PDF summary of all the various monetary obligations that can arise in a criminal case, see the "bench card" available here. For more information about this resource, see "Criminal Monetary Obligations Bench Card Available," Jamie Markham, N.C. Criminal Law Blog, July 31, 2018.

You must be logged in to see the PDF associated with this article.
Related Resources
Restitution: J. Markham, AOJ Bulletin, July 2020
Assess Court Costs Once for All Related Charges Adjudicated Together
A Swiss Army Form for Fines and Fees
Relief from Monetary Obligations Aside from Waiver
New Notice Requirements for Waivers and Remissions of Certain Monetary Obligations
View More Resources
Evaluating Ability to Pay
Factors to Consider When Thinking about a Defendant’s Ability to Pay
Waiving Community Service Fees
Revised Law Green-Lights Restitution to Insurers
Civil Judgments for Criminal Monetary Obligations
Civil Judgments for Court Costs
I’m Just a Civil Judgment
Restitution to Governmental Agencies
Restitution “TBD by the Probation Officer”
Serving Time for an Unpaid Fine or Costs When Time Has Already Been Served
Restitution to Victims of Unconvicted Conduct
All the Jail Fees
State v. Murphy and Restitution for Unconvicted Conduct
Current Waiver Lists
Imposing Fees for Forensic Expert Testimony — Is It Constitutional?
Timbs v. Indiana: Excessive Fines Clause Applies to the States
Civil Settlements and Criminal Restitution
Implementing State v. Rieger: The One-Set-of-Costs-Per-Sentencing-Episode Rule
Restitution (May 2020)
New AOC Form for Relief from Monetary Obligations
Getting Relief from Criminal Monetary Obligations: New Webinar and FAQ on Rule 28 of the General Rules of Practice
Submit Brief/Motion
The PDF displayed in this entry is an excerpt from the 2018 North Carolina Sentencing Handbook, by James M. Markham and Shea Riggsbee Denning.