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an affidavit in the form of the sworn or attested statement, letter, or software. This confirmed motion or accompanying affidavit need to Plainly point out (1) which the defendant's conviction is now not legitimate and isn't subject matter to retrial; (two) that the asked for refund includes fines, charges, charges, or restitution assessed entirely on account of the invalidated conviction; (3) the amount of the requested refund; and (four) that the defendant has paid the asked for quantity. [Take note 13] The sworn or attested software on your own is adequate to fulfill the defendant's load of production. But, if at all possible, the defendant really should establish any docket entries reflecting their payment of monies, and nutritional supplement his or her software with almost every other existing evidence (e.g., receipts or payment files) the defendant fairly can Track down that usually assistance the refund assert. Once the defendant has satisfied her or his load of output, the stress of proof shifts on the Commonwealth. At this point, the Commonwealth might rebut the defendant's claims by making evidence that the defendant just isn't entitled to the refund or is entitled to a refund within an volume that differs from what they asked for.
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And what takes place If your sufferer not has the chance to repay the restitution amount of money, or is fiscally capable but unwilling to repay? We need not address these problems simply because they aren't introduced in these scenarios, but it surely will not be lengthy in advance of we confront a situation that needs their resolution. d. Fines. Green seeks a refund with the $5,000 in fines and surfines paid out as A part of her sentence on two invalidated drug convictions. Even though the refund of fines wasn't at issue in Nelson, Green claims that she's entitled to some refund under the thanks method ideas established in Nelson for the reason that her drug convictions have already been invalidated plus the fines ended up exacted from her on and as a consequence of All those convictions. We agree that there's no reason to exclude fines and surfines in the group of payments that have to be refunded to some defendant being a make any difference of thanks system the place the defendant was ordered to pay Individuals fines and surfines exclusively being a consequence of the subsequently invalidated conviction. See Commonwealth v. Accime, 476 Mass. 469, 477 & n.thirteen (2017) (wherever conviction is vacated, "defendant could possibly be entitled to your refund of any fine he might have paid").