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We established forth this procedural advice under the because of method protections implicit in artwork. 12 with the Massachusetts Declaration of Legal rights. We are confident that the procedural steerage we offer satisfies the owing course of action clause of your Fourteenth Modification, but we depend upon art. 12 to make sure that this process is followed in Massachusetts courts even if the Supreme Courtroom had been to declare that procedures that location higher calls for or obligations on defendants seeking refunds are suitable beneath the Fourteenth Amendment. Initially, a defendant seeking a refund need to file a motion for refund during the court where by they was convicted and mail to or in any other case provide this motion over the Office environment that prosecuted the conviction, that is certainly, the Place of work on the Lawyer Normal or perhaps the district attorney's Workplace. The motion may be submitted via the defendant or by defense counsel. Should the defendant is submitting the movement Professional se but was represented by an attorney while in the fundamental legal situation, a copy of your motion should be sent into the protection attorney. The defendant should swear or attest that the knowledge presented in aid of your movement is accurate, depending on particular understanding or facts and belief. This may be achieved by publishing a confirmed movement, that may be, a motion in which the knowledge contained inside is sworn or attested, or by distributing With all the movement Website page 794
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The decide, without ruling within the motion, noted the make a difference and seven questions of legislation towards the Appeals Court docket pursuant to Mass. R. Crim. P. 34. [Observe five] We allowed the defendant's motion for direct appellate critique. 2. Stephanie Environmentally friendly. On Oct 8, 2008, Stephanie Green was sentenced in District Courtroom on two drug-related counts arising from a complaint that had been filed after a lookup warrant had been executed at her residence on August 9, 2007. Green was placed on supervised probation for 2 years on each depend, for being served concurrently. On a person of such counts, Inexperienced was assessed a probation fee of sixty-five bucks each month along with a sufferer-witness assessment of fifty dollars. [Observe 6] The judge at sentencing also authorized the Commonwealth's motion with the forfeiture of $1,411.sixty three seized from Green's household through the look for. That very same working day, prior to the similar choose, Inexperienced was sentenced on four other drug-connected counts arising from the grievance that had been filed after a look for warrant were executed at Environmentally friendly's lodge area on September 14, 2007. On counts one and two, Inexperienced was sentenced to one year within a property of correction, suspended for two many years, with two a long time of supervised probation. Site 782
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exclusively on account of an invalidated conviction. In which the defendant was sentenced to a concurrent expression of probation on a conviction That continues to be legitimate, due system will not need that the probation expenses paid out all through that concurrent term be refunded, because the obligation to pay for regular monthly probation fees linked to a sound conviction is unaffected by the subsequent invalidation of another conviction. For example, if a defendant have been convicted of the drug depend and a firearms rely and sentenced to 2 years of supervised probation about the drug depend and one particular 12 months of supervised probation about the firearms depend, being served concurrently, subsequent invalidation of the drug conviction would have no influence on the defendant's obligation to pay for probation service fees in the first calendar year around the firearms conviction. Because the defendant is entitled to your refund of only People fees compensated being a direct consequence in the invalidated drug conviction, they would receive a refund of probation costs paid out in the course of the 2nd but not the main year of probation. Thanks method involves the refund of costs compensated for an invalidated conviction, but it does not involve that a defendant be positioned in a greater position because of an invalidated conviction compared to the defendant would have been in had she or he been sentenced on only the surviving convictions.
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