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We established forth this procedural steerage underneath the owing approach protections implicit in art. twelve of your Massachusetts Declaration of Legal rights. We've been assured the procedural direction we provide satisfies the due procedure clause in the Fourteenth Amendment, but we depend on artwork. 12 to make certain this process is followed in Massachusetts courts even if the Supreme Courtroom were being to declare that treatments that put increased demands or obligations on defendants seeking refunds are acceptable under the Fourteenth Modification. To start with, a defendant searching for a refund need to file a movement for refund in the courtroom exactly where they was convicted and mail to or or else serve this movement to the Workplace that prosecuted the conviction, that is, the office on the Legal professional Standard or perhaps the district lawyer's Office environment. The motion might be filed because of the defendant or by defense counsel. If your defendant is filing the motion Professional se but was represented by a legal professional while in the underlying felony situation, a duplicate of the movement must be despatched to your defense legal professional. The defendant have to swear or attest that the knowledge supplied in help of your motion is real, dependant on personal know-how or information and perception. This may be achieved by submitting a confirmed movement, that is certainly, a movement where the information contained within is sworn or attested, or by distributing with the movement Web site 794
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Below, all of the counts for which both of those defendants had been sentenced to probation have already been invalidated. Due to this fact, all paid out probation costs needs to be refunded as they ended up paid only as being a consequence of Those people invalidated convictions. b. Target-witness assessments. Just like probation service fees, the place a defendant is sentenced on only one conviction, the victim-witness evaluation ordered beneath G. L. c. 258B, § eight, is exacted with the defendant solely as being a consequence of that conviction. Any quantity compensated should as a result be returned wherever the conviction is invalidated and it is determined that the case will never or can't be retried. But wherever a defendant is sentenced on numerous indictments or counts of the criticism, because of system isn't going to require the refund of the target-witness assessment imposed on an invalidated conviction exactly where a surviving conviction also might have demanded the imposition of a sufferer-witness evaluation below G. L. c. 258B, § 8. As applied listed here, all of Inexperienced's convictions have been invalidated, so she is entitled to your refund on the sufferer-witness assessments paid out to be a consequence of These convictions. In contrast, Martinez's drug convictions were invalidated, but his conviction of unlicensed operation of the motor vehicle wasn't. Site 787
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