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solely as a consequence of an invalidated conviction. Where the defendant was sentenced to some concurrent phrase of probation over a conviction That is still valid, owing procedure won't demand which the probation fees paid out throughout that concurrent time period be refunded, because the obligation to pay for regular probation costs connected to a legitimate conviction is unaffected by the following invalidation of another conviction. As an example, if a defendant have been convicted of a drug depend as well as a firearms count and sentenced to 2 years of supervised probation around the drug rely and 1 year of supervised probation over the firearms depend, to get served concurrently, subsequent invalidation in the drug conviction might have no effect on the defendant's obligation to pay probation charges in the 1st 12 months on the firearms conviction. As the defendant is entitled to a refund of only those expenses paid out as being a immediate consequence in the invalidated drug conviction, he / she would receive a refund of probation charges compensated throughout the next but not the main 12 months of probation. Due approach needs the refund of service fees compensated for an invalidated conviction, but it does not call for that a defendant be placed in a much better place due to an invalidated conviction than the defendant would've been in had he or she been sentenced on only the surviving convictions.
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The procedure we establish listed here for that refund of fines and fees in unique situations is practicable in standard site web moments, but we figure out that it could swiftly show impracticable if a sizeable share in the defendants whose convictions are actually invalidated due to Dookhan and Farak's misconduct ended up to seek the refunds They're thanks. If which were to happen, the amount of effort and time demanded from judges, clerks, probation officers, prosecutors, and defense counsel to adjudicate Every single particular person defendant's entitlement into a refund, and the amount of this kind of refund, would pose so sizeable a collective load that it would threaten the administration of criminal justice inside our courts. In Bridgeman II, 476 Mass. at three hundred, we exercised our superintendence authority below G. L. c. 211, § three, to style a cure with the resolution of thousands of drug instances influenced by Dookhan's misconduct via a "new protocol for circumstance-by-circumstance adjudication" that transpired in 3 phases and was implemented by The one justice in the form of the declaratory judgment. In Committee for Pub. Counsel Servs. v. Legal professional Gen., 480 Mass. at 705, 735, we fashioned a far more world-wide treatment beneath our superintendence authority to take care of 1000s of drug situations affected by Farak's misconduct and by the following prosecutorial misconduct of two Lawyers in the office from the Attorney Standard: we vacated the drug convictions of your so-identified as Farak defendants and dismissed the drug costs in opposition to them with prejudice. We've specified mindful thing to consider to whether we have to exercise our superintendence authority to craft A different global treatment addressing the numerous A large number of "Nelson" refund motions Which may be introduced from the so-known as Dookhan and Farak defendants.
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