Waiving Trial Court Costs in North Carolina

Prior to July 2, 2012 it was unclear as to when a trial court judge could waive court costs. In response to this uncertainty the North Carolina legislature passed a statute which clearly laid out that court costs could be waived and when a judge would have the discretion to do so. G.S. 70-304(a) now provides that court costs may be waived “only upon entry of a written order, supported by findings of fact and conclusions of law, determining that there is just cause.”

This issue of waiving costs arose in State v. Patterson in which the court was asked to decide if someone convicted prior to July 2, 2012 could have their court costs waived. The North Carolina court of appeals determined that a particular case will be governed by the law that was in effect on the date judgment was entered. The law itself went into effect on July 1, 2011 with the clarifications of the statute being given on July 2, 2012.

Basically what all this means is that if someone was sentenced on of after July 1, 2011 a judge does have in his or her discretion to waive court costs provided that there is just cause to do so.

If you should find yourself in a situation where you have been charged with a DWI you need to contact an attorney who has the experience and knowledge necessary to handle your case with the care it deserves. For a private, confidential consultation with one of our experienced DWI lawyers at Robert J. Reeves, P.C., call 704-499-9000 or toll-free 877-374-5999 for more information. You can also visit our main page  here.