LEGAL GUIDE
Written by attorney Bill Powers | Oct 4, 2011

NORTH CAROLINA FEES CHART & COSTS OF COURT

COURT COSTS AND FEES CHART

The costs listed below are effective August 1, 2011, and apply to all costs assessed or collected on or after that date, unless otherwise noted, and unless subject to the "waiver exception" of G.S. 7A-304(g), as enacted by S.L. 2011-391, § 63.(b). Costs in other legislation taking effect after August 1, 2011, will be included in subsequent updates to this chart. Changes to costs and fees for 2011 are shaded and blue. Changes effective August 1, 2011, are prefaced by [Aug. 1]. Legislation enacting new or amended cost items is cited in brackets. Items citing only a bill section (e.g., "[§ 31.23.(a)]") refer to sections of S.L. 2011-145 (House Bill 200).

Court Costs and Fees Chart | Aug 2011 Page 3

OTHER CRIMINAL FEES

AMOUNT

Satellite-Based Monitoring Fee for Sex Offenders. G.S. 14-208.45.

90.00

SBI Lab Fee. G.S. 7A-304(a)(7).

600.00

Local Government Lab Fee. G.S. 7A-304(a)(8).

600.00

Seat Belt Violations (adult, front seat) and Motorcycle/Moped Helmet Violations.

15

G.S. 20-135.2A and G.S. 20-140.4.

25.50 fine +costs below:

General Court of Justice Fee, G.S. 7A-304(a)(4)

129.50 (Dist.) 154.50 (Sup.)

Phone Systems Fee, G.S. 7A-304(a)(2a)

4.00

LEO Training and Certification Fee, G.S. 7A-304(a)(3b)

2.00

TOTAL

161.00

(Dist.)

186.00

(Sup.)

Seat Belt Violations (adult, rear seat). G.S. 20-135.2A(e).

No Costs 10.00 fine only

Supervision Fee. G.S. 15A-1343, G.S. 15A-1368.4, and G.S. 15A-1374.

40.00 per month

Worthless Check Program Fee. G.S. 7A-308(c).

16[§ 31.24.(a)]

60.00

15

Note that the bill of costs (AOC-CR-381) does not have a pre-printed entry for the costs applicable to offenses for adult front-seat seat belt violations and motorcycle/moped helmet and occupancy violations. Clerks should assess the three costs identified individually on the bill of costs. These three cost items are the only costs to be assessed for these offenses. Do not assess any of the other costs under G.S. 7A-304(a). However, pursuant to G.S. 7A-304(b), the three costs are cumulative on appeal. E.g., a defendant found responsible for a motorcycle helmet violation in Superior Court after appeal from the District Court would pay a fine of $25.50 plus $296.00 in costs: both General Court of Justice fees, plus two assessments (one for District Court and one for Superior Court) of both the Phone Systems Fee and the LEO Training and Certification Fee.

16

For districts that still operate a worthless check program, the clerk should continue to receipt the worthless check program fee of G.S. 7A-308(c) and remit it to the State. The amount of the fee remains $60.00. In addition, G.S. 14-107.2 has been amended, effective July 1, 2011, to allow a community mediation center to assist the NCAOC and district attorneys by establishing a worthless check program in districts where such programs have not been established and to charge for its services as part of such a program. However, the fees for such services are not set by statute, and are not

to be receipted by the clerk. The center must assess its fees directly for users of its services in these cases. Further, the clerk should not assess the criminal mediation fee of G.S. 7A-38.7 when a community mediation center mediates a worthless check matter in the context of a pre-prosecution worthless check program. The clerk may receipt and disburse only the statutory program fee of G.S. 7A-308(c) and restitution to the check taker for the amount of the check plus any service charges and processing fees incurred or charged by the check taker.

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