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entirely as a consequence of an invalidated conviction. Wherever the defendant was sentenced into a concurrent term of probation with a conviction That is still valid, owing procedure will not require that the probation costs compensated throughout that concurrent time period be refunded, as the obligation to pay for month-to-month probation fees associated with a valid conviction is unaffected by the subsequent invalidation of a special conviction. By way of example, if a defendant were being convicted of a drug depend plus a firearms count and sentenced to two yrs of supervised probation about the drug depend and a person yr of supervised probation over the firearms rely, to be served concurrently, subsequent invalidation in the drug conviction would've no effect on the defendant's obligation to pay probation costs in the 1st 12 months around the firearms conviction. Since the defendant is entitled to the refund of only Those people service fees compensated to be a immediate consequence with the invalidated drug conviction, they would receive a refund of probation expenses compensated all through the next but not the main year of probation. Due approach requires the refund of service fees compensated for an invalidated conviction, but it doesn't involve that a defendant be positioned in a much better position thanks to an invalidated conviction compared to the defendant would have been in had he / she been sentenced on only the surviving convictions.
In this article, every one of the counts for which both defendants were being sentenced to probation are actually invalidated. Due to this fact, all paid probation charges have to be refunded as they were paid out entirely like a consequence of those invalidated convictions. b. Target-witness assessments. Just like probation charges, in which a defendant is sentenced on an individual conviction, the target-witness evaluation purchased under G. L. c. 258B, § eight, is exacted within the defendant solely like a consequence of that conviction. Any volume compensated ought to for that reason be returned where the conviction is invalidated and it is set that the case is not going to or can not be retried. But in which a defendant is sentenced on numerous indictments or counts of the complaint, due approach does not need the refund of the sufferer-witness assessment imposed on an invalidated conviction where by a surviving conviction also would have needed the imposition of a sufferer-witness assessment beneath G. L. c. 258B, § eight. As utilized below, all of Inexperienced's convictions have already been invalidated, so she is entitled into a refund from the target-witness assessments paid out as being a consequence of those convictions. In contrast, Martinez's drug convictions have been invalidated, but his conviction of unlicensed Procedure of a motorcar was not. Webpage 787
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