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entirely as a result of an invalidated conviction. Where by the defendant was sentenced to the concurrent time period of probation over a conviction that remains legitimate, owing system does not have to have the probation expenses paid during that concurrent time period be refunded, as the obligation to pay month to month probation service fees associated with a legitimate conviction is unaffected by the subsequent invalidation of a unique conviction. By way of example, if a defendant were convicted of the drug rely as well as a firearms rely and sentenced to two a long time of supervised probation on the drug depend and one particular year of supervised probation around the firearms depend, to be served concurrently, subsequent invalidation in the drug conviction would have no effect on the defendant's obligation to pay for probation fees in the very first yr to the firearms conviction. As the defendant is entitled into a refund of only All those fees paid out for a direct consequence in the invalidated drug conviction, they would get a refund of probation charges paid out for the duration of the second but not the very first 12 months of probation. Owing procedure necessitates the refund of expenses paid out for an invalidated conviction, but it does not involve that a defendant be put in an even better placement thanks to an invalidated conviction when compared to the defendant would have been in had he or she been sentenced on just the surviving convictions.
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The Commonwealth, similar to the defendant, may perhaps present evidence in the shape of docket entries, receipts, and the rest suitable to determine whether the defendant really paid the amount claimed. We position the load of evidence on the Commonwealth as an alternative to the defendant mainly because doing this comports most carefully with the spirit of the Supreme Court's admonition to impose very little "over nominal treatments on the refund of exactions" arising from invalidated convictions. Nelson, 137 S. Ct. at 1258. The defendants who file such motions will frequently be symbolizing them selves, no less than in the beginning, as well as their invalidated convictions might be many years aged, just like Martinez and Environmentally friendly. Though criminal documents are community records and defendants may perhaps gain use of them, They can be much more conveniently available to prosecutors who will be inside the court docket dwelling of conviction on a daily basis. Prosecutors also will normally be greater ready than defendants to understand docket notations that, particularly in more mature instances, usually are handwritten and far too normally are something below a design of clarity. Also, Web page 795
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