Fill and Sign the Criminal File No Form

Special Counsel at a state mental health facility completes Part I of this form to petition the Court for appointment of criminal defense counsel for a respondent who has been involuntarily committed after a finding of incapacity to proceed in a crim inal case, and may be entitled to dismissal of the criminal charges pursuant to G.S. 15A-1008. The Court completes Part II of this form to assign or deny appointed counsel for the criminal case and completes AOC-CR-224. The Clerk records the criminal case appoint ment in the Automated Criminal Information System and provides a copy of the form to the appointed criminal def ense attorney. INSTRUCTIONS: The charge(s) identified above is a felony, 10 years have passed from t he date of determination of incapacity to proceed in the case, and the court may dismiss the criminal charge(s) pursuant to G.S. 15A-1 008(3). The charge(s) identified above is a misdemeanor, 5 years have passed from the date of determination of incapacity to proceed in the case, and the court may dismiss the criminal charge(s) pursuant to G.S. 15A-1008(3). 3. 4. is financially able to provide the necessary expenses of legal representation in the criminal case; it is ORDERED that the defendant/respondent is not an indigent and the petition is d enied. 1. is not financially able to provide the necessary expenses of legal representat ion in the criminal case; it is ORDERED that the defendant/respondent is an indigent and is entitled to the serv ices of counsel as contemplated by law, and that he/she shall be represented by: the attorney named below. the public defender in this judicial district. 2. II. ASSIGNMENT OR DENIAL OF COUNSEL It appears to the Court that the above named defendant/re spondent is charged in the above named county with a violent crime, which is a proceeding listed in G.S. 7A-451(a); and, after consideration of the prior indigency findings and involuntary commitment in this case, it is determined that the defendant/respondent: I, the undersigned, am employed as Special Counsel at the above n amed state mental health facility and make application for appointment of a criminal defense attorney in the above named cou nty to take appropriate action in the criminal case(s) pursuant to G.S. 15A-1008 and any other applicable provision of law. Date Signature Of Special Counsel Name Of Special Counsel (Type Or Print) The defendant/respondent will not gain capacity to proceed and th e court may dismiss the criminal charge(s) pursuant to G.S. 15A-1008(1). STATE OF NORTH CAROLINA Special Proceeding File No. Criminal File No. Date Signature Of Judge Name Of Judge (Type Or Print) Name Of Appointed Criminal Defense Attorney (If Applicable) Next Court Date The defendant/respondent has been substantially deprived of his lib erty for a period of time equal to or in excess of the maximum permissible period of confinement for the crime(s) charged and the court may dismiss the criminal charge(s) pursuant to G.S. 15A-1008(2). 2. 1. The above named defendant/respondent is charged in the above named county with the violent crime of (specify offense) , and was previously found by the Court to be incapable of proceeding to trial pursuant to G.S. 15A-1002 and involuntarily committed pursuant to G.S. 122C-26 8. Name Of Defendant/Respondent STATE VERSUS PETITION AND APPOINTMENT OF DEFENSE COUNSEL FOR COMMITTED RESPONDENT CHARGED WITH VIOLENT CRIME G.S. 7A-451; 15A-1008, -1009; 122C-261(c), -268, -268.1, -270(a) Social Security No. - - Has No Social Security No. State Mental Health Facility Where Defendant/Respondent Is Committed AOC-SP-210, New 4/08 © 2008 Administrative Office of the Courts County In The General Court Of Justice District Superior Court Division It is further ORDERED that the Clerk of Superior Court shall record this app ointment of counsel in the Automated Criminal Information System. Additional File Nos. I . SPECIAL COUNSEL PETITION FOR APPOINTMENT OF DEFEN SE COUNSEL Upon information and belief, the defendant/respondent was previously found to be indigent and entitled to appointed counsel in the criminal case pursuant to G.S. 7A-450(a); was again found to be indig ent pursuant to G.S. 122C-261(c) and -270(a), or refused to retain counsel in the commitment proceedings as provided in G.S. 122C-268(d) or -268.1(d); and has been committed since that time. The criminal charge(s) identified above is still pending or has been dismissed with leave pursuant to G.S. 15A-1009. The undersigned Special Counsel believes that (check all that apply):