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  1. #1
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    Default Refund of Probation Fees After Dismissal

    How long does it take to receive a refund of probation fees, court costs, fines, and other monetary penalties imposed as part of a sentence after the underlying conviction is reversed on appeal and the charge is dismissed by the appellate court without being remanded for retrial?

    If community service is part of the sentence as well, how long does it take to receive back wages for the labour performed, and at what rate does it pay?

    If a violation of probation hearing were scheduled before the conviction was overturned, does the VOP hearing need to be cancelled or can it simply be ignored?

    The state in question being New York.

  2. #2
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    Default Re: Refund of Probation Fees After Dismissal

    Quote Quoting TheArgumentative
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    How long does it take to receive a refund of probation fees, court costs, fines, and other monetary penalties imposed as part of a sentence after the underlying conviction is reversed on appeal and the charge is dismissed by the appellate court without being remanded for retrial?
    Generally speaking, following reversal, the prosecutor will offer some sort of deal to resolve the charge in exchange for the defendant's agreement to accept time served, to not seek any recourse, etc. I have no access to any of the records from the case at issue, so I'm in no position to guess what arrangement was offered or made. If you believe you're entitled to the refund of funds, bring a motion with the sentencing court. If you choose not to bring a motion, don't expect anything back.
    Quote Quoting TheArgumentative
    If community service is part of the sentence as well, how long does it take to receive back wages for the labour performed, and at what rate does it pay?
    Not gonna happen.
    Quote Quoting TheArgumentative
    If a violation of probation hearing were scheduled before the conviction was overturned, does the VOP hearing need to be cancelled or can it simply be ignored?
    I suggest verifying that it has been canceled.

  3. #3
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    Default Re: Refund of Probation Fees After Dismissal

    Quote Quoting Mr. Knowitall
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    Generally speaking, following reversal, the prosecutor will offer some sort of deal to resolve the charge in exchange for the defendant's agreement to accept time served, to not seek any recourse, etc. I have no access to any of the records from the case at issue, so I'm in no position to guess what arrangement was offered or made. If you believe you're entitled to the refund of funds, bring a motion with the sentencing court. If you choose not to bring a motion, don't expect anything back.
    There was no deal. The charge was dismissed by the appellate court, not remanded for retrialó there is no charge on which the prosecutor can offer a plea bargain; refiling the original charge would violate double jeopardy.

    As for community serviceó obviously some form of compensation is necessary; forced unpaid labour violates the takings clause and probably the 13th amendment as well; it wasn't "punishment for a crime" because the courts determined that there was no crime. The question is how to obtain payment for it and how much said payment will amount to.

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