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SJC-12479, SJC-12480 Observe, Criminal, Restitution, Prices, Fees and costs, Probation. Restitution. Supreme Judicial Court docket, Superintendence of inferior courts. This courtroom, addressing documented thoughts concerning the due procedure obligations surrounding the refunding of certain fees and prices paid by a defendant for a consequence of the afterwards invalidated conviction, declared that wherever a decide sentences a defendant to probation on an individual conviction, any sum compensated through the defendant in monthly probation charges have to be returned in comprehensive, but that the place the choose sentences a defendant into a concurrent term of probation on numerous convictions, the probation costs has to be refunded to the defendant only where they ended up paid exclusively because of an invalidated conviction [785-786]; Also, this court declared that wherever a defendant is sentenced on an individual conviction, any amount compensated with the defendant for a victim-witness assessment needs to be returned as soon as it is set that the case will not or can not be retried, but that where a defendant is sentenced on several indictments or counts of a complaint, owing procedure will not require the refund of the sufferer-witness assessment imposed on an invalidated conviction exactly where a surviving conviction also would've expected the imposition of such an evaluation [786-787]; even more, this courtroom declared that there is no motive to exclude fines and surfines through the category of payments that have to be refunded to a defendant to be a subject of thanks procedure exactly where the defendant was purchased to pay for Individuals fines and surfines as a useful content consequence of a subsequently invalidated conviction.
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Inexperienced is therefore entitled to some refund of fines and surfines totaling $five,000. e. Forfeiture. Environmentally friendly also seeks a refund of $one,411.63, the sum of money seized from her residence in the execution of the search warrant and ordered forfeited at her plea hearing. Despite the fact that forfeiture wasn't at difficulty in Nelson and wasn't outlined in the view, Eco-friendly statements that she is entitled into a refund from the forfeited cash under the owing course of action rules recognized in Nelson. We conclude that Inexperienced is not entitled to return with the forfeited cash for the reason that forfeiture, even where purchased in a plea Listening to, "is outdoors the scope in the criminal matter and constitutes a civil continuing." Commonwealth v. Brown, 426 Mass. 475, 480 (1998). The forfeiture of property is authorized by G. L. c. 94C, § 47, which sets forth two techniques by which forfeiture proceedings might be initiated through the Commonwealth: possibly by petition in the nature of the continuing in rem filed in the Remarkable Court docket underneath § 47 (d), or by movement submitted within a associated prison proceeding under § forty seven (b). See Brown, supra. No matter which kind of continuing is decided on through the Commonwealth, the stress of evidence continues to be the exact same: "the [C]ommonwealth shall have the burden Site 791