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data of payment may possibly often be present in places in addition to the court file, for instance in probation information or clerk's Place of work documents. Prosecutors are much better positioned than defendants to grasp wherever to discover these documents and to get the cooperation required to lookup them. Where by the refund or its sum is disputed, the courtroom shall look at the evidence provided by both equally get-togethers and decide whether the Commonwealth has achieved its stress to show, by a preponderance with the evidence, which the defendant will not be entitled for the refund volume requested in their movement. The courtroom, in its discretion, may possibly carry out an evidentiary hearing to take care of this kind of disputes. In the event the court docket finds that a refund in almost any amount of money is appropriate, it shall concern a refund purchase pursuant for the process described infra. three. The place a decide decides that a defendant is entitled to your refund, how will payment on the refund be attained? Beneath G. L. c. 258B, § eight, exactly where a conviction or delinquency adjudication is "overturned on attraction," the sufferer-witness evaluation paid with the defendant or juvenile "shall be refunded via the court" by deducting the cash "from the assessments transmitted into the condition treasurer.

SJC-12479, SJC-12480 Exercise, Felony, Restitution, Expenditures, Expenses and charges, Probation. Restitution. Supreme Judicial Court docket, Superintendence of inferior courts. This court docket, addressing noted concerns concerning the owing process obligations encompassing the refunding of particular charges and fees paid out by a defendant being a consequence of a later invalidated conviction, declared that where by a judge sentences a defendant to probation on just one conviction, any sum paid out through the defendant in regular probation expenses should be returned in comprehensive, but that where the decide sentences a defendant to the concurrent expression of probation on a number of convictions, the probation expenses needs to be refunded to your defendant only where they were compensated solely as a result of an invalidated conviction [785-786]; Furthermore, this courtroom declared that where by a defendant is sentenced on just one conviction, any amount compensated from the defendant as being a sufferer-witness evaluation should be returned once it is decided that the case won't or can't be retried, but that exactly where a defendant is sentenced on many indictments or counts of the grievance, due process will not involve the refund of the victim-witness assessment imposed on an invalidated conviction where by a surviving conviction also would have expected the imposition of these an assessment [786-787]; further, this courtroom declared that there's no purpose to exclude fines and surfines in the category of payments that have to be refunded to the defendant like a make a difference of owing system wherever the defendant was requested to pay These fines and surfines for a consequence of the subsequently invalidated conviction.

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