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The process we set up here with the refund of fines and costs in individual cases is practicable in regular instances, but we figure out that it would immediately verify impracticable if a sizeable percentage in the defendants whose convictions have already been invalidated because of Dookhan and Farak's misconduct have been to hunt the refunds They may be thanks. If that were to occur, the level of effort and time essential from judges, clerks, probation officers, prosecutors, and defense counsel to adjudicate Each individual unique defendant's entitlement to the refund, and the quantity of such a refund, would pose so considerable a collective stress that it might threaten the administration of criminal justice in our courts. In Bridgeman II, 476 Mass. at 300, we exercised our superintendence authority under G. L. c. 211, § 3, to trend a remedy with the resolution of A huge number of drug instances influenced by Dookhan's misconduct via a "new protocol for situation-by-circumstance adjudication" that occurred in three phases and was applied by the single justice in the form of a declaratory judgment. In Committee for Pub. Counsel Servs. v. Attorney Gen., 480 Mass. at 705, 735, we fashioned a more world wide remedy beneath our superintendence authority to resolve 1000s of drug circumstances impacted by Farak's misconduct and by the subsequent prosecutorial misconduct of two Lawyers in the office from the Legal professional Standard: we vacated the drug convictions with the so-referred to as Farak defendants and dismissed the drug charges towards them with prejudice. We have now given mindful thing to consider as to whether we must exercise our superintendence authority to craft An additional global remedy addressing the various A huge number of "Nelson" refund motions Which might be brought through the so-referred to as Dookhan and Farak defendants.
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solely because of an invalidated conviction. In which the defendant was sentenced to a concurrent term of probation on a conviction That continues to be legitimate, due approach will not involve that the probation expenses paid during that concurrent phrase be refunded, as the obligation to pay for regular monthly probation expenses connected to a valid conviction is unaffected by the following invalidation of another conviction. For instance, if a defendant had been convicted of the drug rely plus a firearms count and sentenced to 2 several years of supervised probation over the drug rely and 1 12 months of supervised probation to the firearms depend, to generally be served concurrently, subsequent invalidation in the drug conviction might have no effect on the defendant's obligation to pay for probation fees in the initial year about the firearms conviction. Since the defendant is entitled to the refund of only People charges compensated like a direct consequence on the invalidated drug conviction, he / she would receive a refund of probation fees compensated during the second but not the main 12 months of probation. Thanks approach demands the refund of service fees paid out for an invalidated conviction, but it does not need that a defendant be put in a much better place thanks to an invalidated conviction when compared to the defendant might have been in had she or he been sentenced on only the surviving convictions.
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