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an affidavit in the form of a sworn or attested statement, letter, or software. This confirmed movement or accompanying affidavit will have to Plainly state (1) the defendant's conviction is not legitimate and is not subject to retrial; (2) which the asked for refund is made up of fines, service fees, expenditures, or restitution assessed only due to the invalidated conviction; (3) the amount of the asked for refund; and (four) the defendant has paid the requested sum. [Take note thirteen] The sworn or attested application by itself is enough to satisfy the defendant's stress of manufacturing. But, if at all possible, the defendant really should detect any docket entries reflecting her or his payment of monies, and health supplement his / her software with any other present proof (e.g., receipts or payment paperwork) that the defendant reasonably can Track down that often guidance the refund claim. When the defendant has achieved their load of output, the burden of proof shifts for the Commonwealth. At this time, the Commonwealth may well rebut the defendant's claims by making proof the defendant will not be entitled to your refund or is entitled to your refund within an total that differs from what he or she asked for.
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Eco-friendly is hence entitled to the refund of fines and surfines totaling $5,000. e. Forfeiture. Environmentally friendly also seeks a refund of $1,411.sixty three, the sum of money seized from her household in the course of the execution with the look for warrant and requested forfeited at her plea hearing. Though forfeiture was not at difficulty in Nelson and was not stated during the viewpoint, Inexperienced promises that she's entitled to a refund in the forfeited cash underneath the because of method concepts set up in Nelson. We conclude that Eco-friendly isn't entitled to return with the forfeited cash simply because forfeiture, even where requested at a plea Listening to, "is outdoors the scope from the legal matter and constitutes a civil continuing." Commonwealth v. Brown, 426 Mass. 475, 480 (1998). The forfeiture of property is approved by G. L. c. 94C, § forty seven, which sets forth two methods by which forfeiture proceedings might be initiated by the Commonwealth: both by petition in the character of the proceeding in rem submitted within the Excellent Courtroom less than § 47 (d), or by motion filed in the relevant prison proceeding underneath § forty seven (b). See Brown, supra. In spite of which sort of proceeding is picked by the Commonwealth, the burden of proof continues to be the identical: "the [C]ommonwealth this website shall provide the load Page 791