Order Of Assigment Or Denial Of Counsel {CR-224} | Pdf Fpdf Doc Docx | North Carolina

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Order Of Assigment Or Denial Of Counsel {CR-224} | Pdf Fpdf Doc Docx | North Carolina

Order Of Assigment Or Denial Of Counsel {CR-224}

This is a North Carolina form that can be used for Criminal within Statewide.

Alternate TextLast updated: 4/13/2015

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(TYPE OR PRINT IN BLACK INK) File No. Additional File Nos. STATE OF NORTH CAROLINA County Name Of Defendant, Petitioner, Respondent Street Address Of Defendant, Petitioner, Respondent In The General Court Of Justice District Superior Court Division Permanent Mailing Address Of Defendant, Petitioner, Respondent (If Different Than Above) ORDER OF ASSIGNMENT OR DENIAL OF COUNSEL Telephone Number of Defendant, Petitioner, Respondent Check here if defendant is in jail Full Social Security No. Date Of Offense - Has No Social Security No. Most Serious Class Of Offense G.S. 7A-146(11), 7A-292(15), 7A-450, 7A-451(a), 15A-1340.23(d) Offense(s) (List Offense(s) Only If File No. Has Not Been Assigned) INSTRUCTIONS: The Court should complete Part I. or Part II., and Part III. of this form. Do not use this form for first-degree murder cases or murder cases where the degree is undesignated, except for cases where the defendant was under 18 years of age at the time of the offense, or for capital post-conviction cases or appeals to the Court of Appeals or Supreme Court. For adult first-degree murder cases or murder cases where the degree is undesignated at the trial level, the Office of Indigent Defense Services will use form AOC-CR-624. For capital post-conviction cases, the Office of Indigent Defense Services will use form AOC-CR-625. For appellate cases, the Court will use form AOC-CR-350. I. ASSIGNMENT OF COUNSEL From the petition heard in this matter, the affidavit made by the applicant named above, and the inquiry made by the Court, which is documented in the record, it is determined that the applicant is not financially able to provide the necessary expenses of legal representation, and (check one): 1. is charged with a felony, a misdemeanor other than a Class 3, or a Class 3 misdemeanor that was committed before December 1, 2013, or is a petitioner or respondent in a proceeding or action listed in G.S. 7A-451(a); it is ORDERED that the applicant is indigent and is entitled to the services of counsel as contemplated by law; and that the attorney named below or the public defender in this judicial district shall provide representation. 2. is charged with a Class 3 misdemeanor that was committed on or after December 1, 2013, and (check one): a. the Court has found that the defendant has more than three prior convictions; it is ORDERED that the applicant is indigent and is entitled to the services of counsel as contemplated by law. b. the Court has not found at this time that the defendant has more than three prior convictions, the defendant is in custody, the Court does not intend at this appearance to modify the defendant's conditions of release to allow the defendant to be released pending trial without posting a secured bond, and the defendant has a constitutional right to meaningful access to the courts; it is ORDERED that the applicant is indigent and is entitled to the services of counsel as contemplated by law; and that the attorney named below or the public defender in this judicial district shall provide representation that is limited pursuant to G.S. 15A-141(3) and 15A-143 to the time period of the applicant's pretrial confinement on the Class 3 misdemeanor charge. It is further ORDERED that the defendant shall be represented by: the attorney named below. the public defender in this judicial district. Name Of Appointed Attorney (If Applicable) Next Court Date Material opposite unmarked squares is to be disregarded as surplusage. (over) AOC-CR-224, Rev. 12/13 © 2013 Administrative Office of the Courts American LegalNet, Inc. www.FormsWorkFlow.com II. DENIAL OF COUNSEL From the petition heard in this matter, the affidavit made by the applicant named above, and the inquiry made by the Court, which is documented in the record, it is determined that the applicant (check all that apply): 1. is charged with a felony, a misdemeanor other than a Class 3, or a Class 3 misdemeanor that was committed before December 1, 2013, but will not receive an active or suspended term of imprisonment if he/she is convicted of the offense(s) for which he/she is charged; it is ORDERED that the defendant's petition is denied. 2. is charged with a Class 3 misdemeanor that was committed on or after December 1, 2013, the Court has found that the defendant has fewer than four prior convictions, and the case shall proceed as a fine only case; it is ORDERED that the defendant's petition is denied. 3. will not receive an active or suspended term of imprisonment if he/she is found in contempt; it is ORDERED that the defendant's petition is denied. 4. is financially able to provide the necessary expenses of legal representation; it is ORDERED that the applicant is not indigent and his/her petition is denied. Date Signature III. SIGNATURE OF JUDGE, CLERK OR MAGISTRATE Judge Clerk Of Superior Court Asst. CSC Deputy CSC Magistrate NOTE: A magistrate who is a duly licensed attorney may appoint counsel if designated to do so by the Chief District Court Judge. See G.S. 7A-146(11) and G.S. 7A-292(15). AOC-CR-224, Side Two, Rev. 12/13 © 2013 Administrative Office of the Courts American LegalNet, Inc. www.FormsWorkFlow.com

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