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We set forth this procedural guidance under the owing course of action protections implicit in artwork. twelve of your Massachusetts Declaration of Rights. We're assured the procedural steering we offer satisfies the thanks approach clause in the Fourteenth Amendment, but we trust in artwork. 12 to make certain that this process is adopted in Massachusetts courts even if the Supreme Courtroom ended up to declare that treatments that location higher requires or obligations on defendants trying to get refunds are appropriate under the Fourteenth Modification. Initially, a defendant seeking a refund should file a movement for refund in the courtroom where she or he was convicted and mail to or otherwise serve this movement around the office that prosecuted the conviction, that is definitely, the Workplace from the Lawyer Common or maybe the district attorney's Business. The movement can be submitted because of the defendant or by protection counsel. If your defendant is submitting the motion pro se but was represented by a legal professional inside the underlying prison scenario, a duplicate with the movement ought to be despatched on the defense attorney. The defendant must swear or attest that the knowledge presented in help with the movement is true, dependant on personalized awareness or data and perception. This may be attained by distributing a confirmed motion, which is, a movement where by the data contained in is sworn or attested, or by submitting Using the movement Web site 794
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Eco-friendly is hence entitled to some refund of fines and surfines totaling $five,000. e. Forfeiture. Inexperienced also seeks a refund of $one,411.63, the sum of money seized from her property throughout the execution of the search warrant and purchased forfeited at her plea hearing. While forfeiture was not at situation in Nelson and was not mentioned within the impression, Green statements that she is entitled into a refund of the forfeited cash underneath the thanks system concepts established in Nelson. We conclude that Green isn't entitled to return from the forfeited funds for the reason that forfeiture, even where purchased in a plea Listening to, "is outside the scope from the criminal issue and constitutes a civil proceeding." Commonwealth v. Brown, 426 Mass. 475, 480 (1998). The forfeiture of home is authorized by G. L. c. 94C, § 47, which sets forth two strategies by which forfeiture proceedings could be initiated through the Commonwealth: either by petition in the character of the continuing in rem filed inside the Top-quality Courtroom below § forty seven (d), or by movement filed inside a related legal proceeding less than § 47 (b). See Brown, supra. No matter which kind of proceeding is preferred by the Commonwealth, the load of proof continues to be a similar: "the [C]ommonwealth shall contain the stress Webpage 791