Decriminalizing Certain Offenses to Reduce Appointed Counsel Costs

Published for NC Criminal Law on February 01, 2010.

The Office of Indigent Defense Services (IDS) is studying data related to the disposition of seventeen types of misdemeanor charges during the 2009 fiscal year to determine whether decriminalization of these offenses might be an appropriate way to reduce the cost to the State of providing appointed counsel.  Section 15.17 of S.L. 2009-451 directed IDS to consult with other court system actors regarding means of cutting costs, including the possibility of decriminalizing minor misdemeanor offenses for which jail sentences are rarely or never imposed.  (The bill also directs IDS to study ways to improve the screening and processing of potentially capital cases, but this post focuses on the first directive.)   The following types of charges are to be studied. G.S. 14-168.4:  Failure to return property rented with purchase option G.S. 14-107(d)(1):  Simple worthless check G.S. 20-34: Allow unlicensed person to drive G.S. 20-111(1):  Driving or allowing another to drive an unregistered vehicle G.S. 20-28(a):  Driving while license revoked (Not based on DWI) G.S. 20-111(2):  Expired registration card/tag G.S. 20-7(e):  Failure to comply with license restriction G.S. 20-7.1:  Failure to notify DMV of an address change G.S. 20-57(c): Failure to sign registration card G.S. 20-111(2):  Fictitious/canceled/revoked registration card/tag G.S. 20-7(a): License not in possession G.S. 20-7(a):  No operator’s license G.S. 20-57(c):  No registration card G.S. 20-313(a):  Operate vehicle no insurance G.S. 20-141(j1):  Speeding more than 15 mph over limit or over 80 mph G.S. 20-127(d):  Window tinting violation G.S. 113-270.1B(A): Fishing without a license Two of these offenses, driving while license revoked [...]