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Fill and Sign the Name of Defendant Petitioner Respondent Form

Fill and Sign the Name of Defendant Petitioner Respondent Form

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(TYPE O R PR IN T IN B LA CK IN K) Addi tional F ile N os. Dist rict Su perio r C ourt D ivisi on Perm anent M ailing Address Of Defendant, Peti tioner, R espondent (If Di fferent Than Abov e) Nam e Of Defendant, Peti tioner, R espondent ORDER OF ASSIG NM EN T OR D EN IAL OF CO UNSEL Street Address Of D efendant, Petitioner, R espondent In Th e Ge nera l C ourt O f Ju stice C ounty F ile N o. STA TE OF NOR TH CAROLIN A AOC- CR-224, Rev. 10/15 © 2015 A dministr ative Of fice o f the Cou rts T el ephone N um ber of D efendant, Peti tioner, R espondent C heck here if defendant is i n j ail Ful l Social Securi ty No. Has N o Soci al Security N o. G.S. 7A -146( 11), 7A -292( 15), 7A -450, 7A-451( a), 15A-1340.23(d) Offense(s) (Li st Offense(s) O nly If F ile N o. H as N ot Been Assi gned) IN STRUCTIONS: The Court should complete Part I. or Part II. of this form. Do not use this form for first-degree murder cases or mu\ rder cases where the degree is undesignated, except for cases where the defendant w\ as 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 fir\ st- degree murder cases or murder cases where the degree is undesignated at t\ he trial level, the Office of Indigent Defense Services will use form AOC-C\ R-62 4. For capital post-conviction cases, the Office of Indigent Defense Serv\ ices will use form AOC-CR-625. For appellate cases, the Court will use form AOC-C R-350. Date Of Off ense Most Serio us C la ss Of Off ense Materi al opposite unmarked squar es is to be di sregarded as surplusage. (over) - - the public defender in this judicial district. 1 . Fro m th e p etition 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) : is charged with a felon y, 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 ac tion listed in G.S. 7A-451(a); it is ORDERED that the applicant is indigent and is entitled to the services of counsel as contem plated 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 custod y, 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 bo nd, and the defendant has a constitutional right to meaningful access to the courts; it is ORDERED that the applicant is indigent and is ent\ itled 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 limi\ ted 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. Next C ourt D ate N am e Of Appointed Attorney (If Applicable) I. ASSIGNMENT OF COUNSEL Judge D ate Signature Asst. CSC Magi strate C lerk Of Super ior C ourt Deputy CSC NOTE: A magistrate may appoint counsel if designated to do so b y the Chief District Court Judge. See G.S. 7A-146(11) and G.S. 7A-292(15). AOC- CR-224, Sid e T wo, Rev . 10/15 © 2015 A dministr ative Of fice o f the Cou rts NOTE: A magistrate may appoint co unsel if desi gnated to do so by the Chief District Court Judge. See G.S. 7A-146(11) a\ nd G.S. 7A-292(15). Judge II. DENIAL OF COUNSEL 1 . Fro m th e p etition 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) : D ate Signature Asst. CSC Magi strate C lerk Of Super ior C ourt Deputy CSC is charged with a felony, a misdemeanor higher than a Cla ss 3, or a Class 3 misdemeanor that was committed before December 1, 2013, but will not receive an active or suspended term of i mprisonment if he/she is convicted of the o ffense(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 pr oceed 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 imprisonme nt 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 le gal representation; it is ORDERED that the applicant is not indigent and his/her petition is denied.

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