Legal Question in Criminal Law in North Carolina
I never knew courts charge for EVERYTHING!
My brother is in prison awaiting trial on a possesion of stolen goods charge. This is the third jail he has been in since his arrest in February 2003.His charges are all breaking and entering or possesion of stolen goods, which they don't have much proof for. At his last jail, he went to court and pleaded guilty because he said he did not want to wait for a trial because they are so slow and he couldn't stand being held in jail for another year or so awaiting trial. For that charge he was given 40 months of probation, along with some fines to pay. The fines are as follows: probation payments: $250.00 every month, for 40 months. It's $30.00 per month probation fee, $1035.00 court and confinement costs. $635.00 attorney fees. $6,946.19 restitution costs. A total of $9,816.19. Not including drug tests costs when he's on probation. When he gets out he has no where to go and no job, car, ect. waiting for him.It seems impossible for him to have to pay that kind of money. Does this sound right? He just doesn't know how he will be able to do this. It would be hard enough for him to get an apartment, car and pay his bills. Is there any way he can get out of paying so much? What can be done? Please give me some advice!
1 Answer from Attorneys
Re: I never knew courts charge for EVERYTHING!
When he pleaded guilty to the charged offenses, for whatever reasons, he, in effect told the court that he did the crime. While a case may take some time to go to court, it is extremely rare to wait a year for a trial. Courts order restitution to make the victims whole. He took their property. Why should the victim lose out? Attorneys are not free-even appointed ones. Once he gets out of prison, he can ask the court or PO to adjust payment or even waive paymenmt due to his financial situtation. However, this is rarely granted. He will likely be reauired to pay as ordered.
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