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In this article, all of the counts for which the two defendants were sentenced to probation are already invalidated. Due to this fact, all paid out probation service fees has to be refunded because they ended up compensated solely being a consequence of All those invalidated convictions. b. Victim-witness assessments. As with probation charges, exactly where a defendant is sentenced on one conviction, the sufferer-witness assessment purchased below G. L. c. 258B, § eight, is exacted from your defendant exclusively to be a consequence of that conviction. Any total paid out need to therefore be returned where the conviction is invalidated and it is set that the case will never or can not be retried. But where a defendant is sentenced on a number of indictments or counts of the grievance, due course of action does not require the refund of a target-witness assessment imposed on an invalidated conviction in which a surviving conviction also would've expected the imposition of a sufferer-witness evaluation less than G. L. c. 258B, § eight. As utilized here, all of Inexperienced's convictions are actually invalidated, so she is entitled to the refund of your victim-witness assessments paid for a consequence of These convictions. In distinction, Martinez's drug convictions had been invalidated, but his conviction of unlicensed Procedure of a motorized vehicle wasn't. Page 787
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records of payment may at times be present in destinations in addition to the court docket file, which include in probation files or clerk's Office environment files. Prosecutors are improved positioned than defendants to understand exactly where to find these documents and to acquire the cooperation necessary to search them. The place the refund or its sum is disputed, the court shall evaluate the proof made available from both of those events and determine whether the Commonwealth has met its stress to indicate, by a preponderance of the evidence, that the defendant will not be entitled for the refund total asked for in her or his movement. The court docket, in its discretion, may possibly carry out an evidentiary Listening to to solve this kind of disputes. In case the court docket finds that a refund in almost any amount is appropriate, it shall problem a refund get pursuant towards the technique described infra. three. Wherever a decide decides that a defendant is entitled to the refund, how will payment on the refund be accomplished? Underneath G. L. c. 258B, § 8, the place a conviction or delinquency adjudication is "overturned on appeal," the target-witness evaluation paid with the defendant or juvenile "shall be refunded by the court" by deducting the cash "from the assessments transmitted for the point out treasurer.
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