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Non Capital Criminal Case Trial Level Fee Application Order For Payment Judgment Against Indigent CR-225 - North Carolina
| Non Capital Criminal Case Trial Level Fee Application Order For Payment Judgment Against Indigent Form. This is a North Carolina form and can be used in Criminal Statewide . |
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(TYPE OR PRINT IN BLACK INK) STATE OF NORTH CAROLINA County Name And Address Of Indigent Client In The General Court Of Justice District Court Division Superior Court Division File No. Additional File Nos. Provide all case numbers resolved on the same day in the same court before the same judge. Date Attorney Appointed NON-CAPITAL CRIMINAL CASE TRIAL LEVEL FEE APPLICATION ORDER FOR PAYMENT JUDGMENT AGAINST INDIGENT Has No Social Security No. Full Social Security No. (required by G.S. 7A-455(d)) NOTE: G.S. Ch. 7A, Art. 36; G.S. 122C-268(d), -286(d) Use this form ONLY for non-capital criminal cases at the trial level - i.e. only for cases with a CR or CRS case caption. DO NOT use this form for non-criminal cases at the trial level, potentially capital cases at the trial level, appeals to the Court of Appeals or Supreme Court, or capital post-conviction cases. Attorneys should consult IDS Rule 1.9(a)(1a) for deadlines on the submission of final fee applications, as well as IDS' billing policies, available at www.ncids.org. INSTRUCTIONS: Applicant completes and signs all applicable portions of Section I. The trial judge completes Sections II and III and signs Section IV to award payment or fix value of services and enter the appropriate judgments. If no judgments are to be entered, the trial judge must so indicate in Section III. Clerk mails private appointed counsel fee applications to: IDS Financial Services Office, Courier Box 56-10-50, Raleigh, NC, OR if courier is not available, mail to P.O. Box 2448, Raleigh, NC 27602. I. APPLICATION public defender I, the undersigned assigned counsel IDS contract counsel make application for payment and reimbursement of necessary expenses incurred, or for determination of value of services rendered for the indigent. I certify that this information is correct to the best of my knowledge. MOST SERIOUS ORIGINAL CHARGE AND MOST SERIOUS DISPOSITION: 1. Original Charge (most serious offense) 2. Disposition (most serious disposition) Felony Offense Must Indicate Felony Class: Name of Offense: Check ONE box in each of the following 3 columns. 3. Judgment & Sentencing Active Sentence Length of Sentence: (most serious) Guilty Plea Before Trial: Most Serious Original Charge Guilty Plea Before Trial: Other Offense Name of Offense: Guilty Plea During Trial: Other Offense Felony Probation Violation Misdemeanor Offense (Non-Traffic) Misdemeanor Probation Violation DWI Other Traffic Criminal Contempt Treatment Court (in columns 2 and 3, check other) Name of Offense: Trial: Guilty Most Serious Original Charge Trial: Guilty Other Offense Name of Offense: Trial: Acquitted Satellite-Based Monitoring Hearing (in columns 2 and 3, check other) Non-Capital Motion For Appropriate Relief (in columns 2 and 3, check other) Other*: *(Check only if none of the above) Probation Violation Found Dismissed With Leave Dismissed Without Leave FTA/OFA Without Dismissal Deferred/Diverted Held In Criminal Contempt No Probable Cause Attorney Withdrew (reason): None (Interim Fee) Other*: Split Sentence Supervised Probation Unsupervised Probation Probation Terminated PJC Fines and Costs Only None (Acquitted/Dismissed) None (Deferred/Diverted) None (Attorney Withdrew) None (Interim Fee) Other*: FINAL FEES ONLY: COMPLETE FOR THIS FEE: (Attach detailed time sheets when required by judge. Time must be reported in decimals, not minutes.) Disposition Date Check here if you were appointed to represent this defendant in another case(s) at the time of the appointment to this case(s) and you already submitted a fee application for that case(s) in which the attorney appointment fee was charged. Start Date Work This Fee Request End Date Work This Fee Request Date First In Person Client Interview Prior Total Fees And Expenses Allowed $ Name Of Judge Setting Fee Travel (no. of miles) Time In Court Time In Court Waiting Time Out Of Court Total Time Claimed This Fee . Copying . . . Total Expenses (if in house, no. of copies) Other (attach receipts if >$25) $ $ $ $ NOTE: In assigned counsel cases, the applicant is always the individual attorney. If payment is to be made to individual applicant, write "same" under payee and give applicant's taxpayer ID No. (Federal Employer ID No. or, if no Federal Employer ID, SSN). If payment is to be made to applicant's firm, give firm name as payee and firm's taxpayer ID No. Name Of Applicant Address Payee (see note) Taxpayer ID No. (see note) Telephone No. Email Address Date Signature Of Applicant II. ORDER TO PAY OR FIX VALUE OF SERVICES Based on the Findings of Fact set out in Section III, the Court ORDERS that the "Total Amount" stated on Line 4 below be: (Assigned Counsel) paid by the State of North Carolina to the payee named above. (Public Defender/IDS Contractor) fixed as the value of legal services and other expenses of representation rendered by the applicant named above. 1. Hours Approved By The Court 2. Fees Allowed/Value Of Services Rendered 3. Other Necessary Expenses Allowed By The Court (Hours Approved x IDS Rate) = $ $ $ (Over) . 4. TOTAL AMOUNT AOC-CR-225, Rev. 6/11, © 2011 Administrative Office of the Courts American LegalNet, Inc. www.FormsWorkFlow.com III. FINDINGS OF FACT AND JUDGMENTS After due notice to the defendant named on the reverse and opportunity to be heard, the Court finds that the defendant has previously been adjudged to be indigent; that he/she requested and has been provided counsel and other necessary expenses of representation; and that the applicant named on the reverse provided services and incurred expenses of which the money value is that stated in Line 4 of Section II, plus any interim fees listed in the box in Section I labeled "Prior Total Fees And Expenses Allowed." NOTE: Sign Section IV to enter judgments against the indigent defendant for the full value of attorney fees and expenses plus the attorney appointment fee. If no judgments are to be entered, or judgments are to be entered for a different amount, the trial court must fill in the appropriate blanks below. When entering Judgment #1, the trial court should verify the amount of any interim fees awarded. NOTE: To enter Judgment #1 against a parent/responsible person, pursuant to G.S. 7A-450.1 et. seq, a separate order must be entered (may be modeled after Section III of form AOC-G-200). JUDGMENT #1 (Attorney Fees and Expenses) Based on the above findings, it is ORDERED that the State of North Carolina recover from the indigent defendant the TOTAL AMOUNT stated
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