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Inexperienced is therefore entitled to some refund of fines and surfines totaling $5,000. e. Forfeiture. Eco-friendly also seeks a refund of $one,411.63, the amount of money seized from her residence throughout the execution from the lookup warrant and ordered forfeited at her plea Listening to. Whilst forfeiture wasn't at issue in Nelson and was not mentioned within the belief, Environmentally friendly promises that she is entitled to the refund of the forfeited cash under the because of process rules founded in Nelson. We conclude that Green is just not entitled to return of your forfeited resources for the reason that forfeiture, even where by requested in a plea Listening to, "is outside the scope from the felony subject and constitutes a civil continuing." Commonwealth v. Brown, 426 Mass. 475, 480 (1998). The forfeiture of residence is approved by G. L. c. 94C, § forty seven, which sets forth two solutions by which forfeiture proceedings may very well be initiated because of the Commonwealth: both by petition in the character of a continuing in rem filed inside the Excellent Court less than § forty seven (d), or by motion filed in a connected criminal proceeding underneath § 47 (b). See Brown, supra. Irrespective of which kind of proceeding is picked via the Commonwealth, the stress of evidence remains the same: "the [C]ommonwealth shall possess the burden Site 791
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The Commonwealth, such as the defendant, might existing evidence in the form of docket entries, receipts, and the rest applicable to find out if the defendant basically paid out the amount claimed. We location the load of evidence about the Commonwealth as opposed to the defendant simply because doing this comports most intently with the spirit in the Supreme Court's admonition to impose nothing at all "more than small procedures within the refund of exactions" arising from invalidated convictions. Nelson, 137 S. Ct. at 1258. The defendants who file these kinds of motions will frequently be symbolizing themselves, not less than to begin with, as well as their invalidated convictions might be a few years aged, as with Martinez and Inexperienced. Though legal documents are public information and defendants may well acquire usage of them, They are really a lot more quickly accessible to prosecutors who're during the courtroom residence of conviction on a daily basis. Prosecutors also will generally be far better ready than defendants to comprehend docket notations that, especially in older circumstances, typically are handwritten and much too often are some thing less than a product of clarity. Additionally, Site 795
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