Are attorneys’ fees permissible?

For the same reasons as in the preceding answer, the imposition of attorneys’ fees on conviction (pursuant to G.S. 7A-455) remains permissible because it is not a criminal punishment. The issue will still arise in cases in which a defendant is convicted of a Class 3 misdemeanor because a defendant will sometimes be charged with a greater offense, for which the right to counsel applies, and be convicted of a Class 3 misdemeanor. Although convicted of an offense for which the punishment is limited to a fine, the defendant is entitled to counsel based on the original charge, and the State is entitled to recoup attorneys’ fees following conviction. See G.S. 7A-455(c) (authorizing recoupment if the defendant is convicted). Imposition of the attorney appointment fee (under G.S. 7A-455.1) is permissible for the same reason. See also State v. Webb, 358 N.C. 92 (2004) (finding that appointment fee is cost).