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Inexperienced is consequently entitled to a refund of fines and surfines totaling $five,000. e. Forfeiture. Green also seeks a refund of $1,411.63, the amount of money seized from her household through the execution on the research warrant and purchased forfeited at her plea hearing. While forfeiture wasn't at challenge in Nelson and wasn't talked about from the feeling, Inexperienced claims that she is entitled to a refund from the forfeited resources underneath the owing procedure principles proven in Nelson. We conclude that Environmentally friendly isn't entitled to return of the forfeited resources since forfeiture, even wherever purchased at a plea Listening to, "is exterior the scope in the prison make any difference and constitutes a civil proceeding." Commonwealth v. Brown, 426 Mass. 475, 480 (1998). The forfeiture of assets is approved by G. L. c. 94C, § forty seven, which sets forth two approaches by which forfeiture proceedings might be initiated via the Commonwealth: both by petition in the nature of a proceeding in rem submitted from the Exceptional Court underneath § 47 (d), or by movement submitted in the associated criminal proceeding below § forty seven (b). See Brown, supra. In spite of which type of continuing is picked out via the Commonwealth, the burden of proof continues to be the identical: "the [C]ommonwealth shall possess the burden Site 791
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solely due to an invalidated conviction. Where the defendant was sentenced to the situsslot777 concurrent expression of probation on the conviction That is still legitimate, owing method would not need that the probation charges paid out through that concurrent expression be refunded, because the obligation to pay for monthly probation costs related to a valid conviction is unaffected by the following invalidation of a special conviction. For instance, if a defendant were being convicted of the drug rely and also a firearms depend and sentenced to two several years of supervised probation over the drug count and one yr of supervised probation within the firearms depend, being served concurrently, subsequent invalidation of the drug conviction might have no influence on the defendant's obligation to pay probation costs in the 1st yr within the firearms conviction. Because the defendant is entitled to the refund of only Those people costs paid out for a immediate consequence with the invalidated drug conviction, she or he would get a refund of probation costs paid out through the second although not the 1st year of probation. Because of procedure necessitates the refund of costs compensated for an invalidated conviction, but it does not require that a defendant be put in a greater situation because of an invalidated conviction compared to the defendant might have been in experienced he or she been sentenced on only the surviving convictions.
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data of payment may from time to time be found in locations aside from the court file, for example in probation data files or clerk's Workplace documents. Prosecutors are better positioned than defendants to be aware of the place to seek out these information and to get the cooperation needed to research them. In which the refund or its amount of money is disputed, the court docket shall consider the proof offered by both of those events and figure out if the Commonwealth has met its load to indicate, by a preponderance on the proof, which the defendant just isn't entitled on the refund quantity asked for in her or his movement. The courtroom, in its discretion, may possibly carry out an evidentiary hearing to solve these types of disputes. If your court finds that a refund in almost any quantity is correct, it shall problem a refund order pursuant towards the treatment explained infra. three. The place a choose determines that a defendant is entitled to your refund, how will payment in the refund be completed? Less than G. L. c. 258B, § eight, in which a conviction or delinquency adjudication is "overturned on attraction," the victim-witness evaluation paid out because of the defendant or juvenile "shall be refunded via the courtroom" by deducting the money "within the assessments transmitted to your condition treasurer.
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