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The procedure we create right here for the refund of fines and charges in particular person cases is practicable in regular moments, but we official source figure out that it would speedily prove impracticable if a sizeable share from the defendants whose convictions are invalidated because of Dookhan and Farak's misconduct were to hunt the refunds These are owing. If which were to occur, the quantity of effort and time demanded from judges, clerks, probation officers, prosecutors, and protection counsel to adjudicate Every person defendant's entitlement to a refund, and the amount of this type of refund, would pose so significant a collective burden that it will threaten the administration of prison justice in our courts. In Bridgeman II, 476 Mass. at three hundred, we exercised our superintendence authority below G. L. c. 211, § 3, to fashion a solution for that resolution of Countless drug circumstances affected by Dookhan's misconduct via a "new protocol for circumstance-by-scenario adjudication" that transpired in three phases and was executed by The only justice in the form of the declaratory judgment. In Committee for Pub. Counsel Servs. v. Attorney Gen., 480 Mass. at 705, 735, we fashioned a far more world-wide solution below our superintendence authority to resolve 1000s of drug cases influenced by Farak's misconduct and by the following prosecutorial misconduct of two attorneys while in the office in the Legal professional Common: we vacated the drug convictions on the so-called Farak defendants and dismissed the drug fees from them with prejudice. Now we have presented watchful thing to consider as to if we must work out our superintendence authority to craft An additional world-wide remedy addressing the various A huge number of "Nelson" refund motions Which may be brought from the so-termed Dookhan and Farak defendants.
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Inexperienced is therefore entitled into a refund of fines and surfines totaling $five,000. e. Forfeiture. Inexperienced also seeks a refund of $one,411.63, the amount of cash seized from her household through the execution on the look for warrant and ordered forfeited at her plea hearing. Despite the fact that forfeiture wasn't at challenge in Nelson and wasn't outlined within the view, Inexperienced statements that she's entitled to your refund in the forfeited resources under the because of procedure concepts recognized in Nelson. We conclude that Environmentally friendly will not be entitled to return in the forfeited resources since forfeiture, even wherever purchased in a plea hearing, "is outside the scope with the prison matter and constitutes a civil continuing." Commonwealth v. Brown, 426 Mass. 475, 480 (1998). The forfeiture of residence is approved by G. L. c. 94C, § 47, which sets forth two techniques by which forfeiture proceedings may be initiated by the Commonwealth: possibly by petition in the character of a continuing in rem filed inside the Excellent Court underneath § 47 (d), or by movement filed in a similar felony continuing underneath § forty seven (b). See Brown, supra. No matter which type of continuing is picked out from the Commonwealth, the stress of evidence remains the identical: "the [C]ommonwealth shall contain the load Web site 791