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Environmentally friendly is therefore entitled to your refund of fines and surfines totaling $5,000. e. Forfeiture. Green also seeks a refund of $one,411.sixty three, the amount of money seized from her residence in the execution in the search warrant and ordered forfeited at her plea hearing. Whilst forfeiture was not at concern in Nelson and wasn't stated from the viewpoint, Green statements that she's entitled into a refund in the forfeited cash beneath the because of method principles proven in Nelson. We conclude that Inexperienced is not really entitled to return on the forfeited money for the reason that forfeiture, even in which ordered in a plea hearing, "is outside the house the scope of the felony issue and constitutes a civil proceeding." Commonwealth v. Brown, 426 Mass. 475, 480 (1998). The forfeiture of residence is authorized by G. L. c. 94C, § forty seven, which sets forth two approaches by which forfeiture proceedings might be initiated by the Commonwealth: either by petition in the nature of a continuing in rem filed during the Remarkable Courtroom below § 47 (d), or by movement filed in the related criminal proceeding below § forty seven (b). See Brown, supra. Irrespective of which kind of proceeding is preferred because of the Commonwealth, the load of proof remains exactly the same: "the [C]ommonwealth shall provide the load Web site 791

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