Commonwealth v. Martin

In 2011, Defendant pleaded guilty to possession of a class B substance. Defendant was sentenced to a one-year term of probation and the probation supervision fees and the victim-witness assessment. The Commonwealth entered a nolle prosequi on the underlying complaint after a judge granted Defendant’s motion to withdraw his guilty plea on the ground that Annie Dookhan, the discredited analyst at the William A. Hinton State Laboratory Institute at the center of misconduct allegations, performed the analysis of the substances seized during Defendant’s arrest. Thereafter, Defendant filed a motion for return of property, including probation supervision fees and the victim-witness assessment. The judge denied the motion. The Supreme Judicial Court affirmed, holding that there is no statutory basis for a refund of victim-witness assessments or probation fees where a defendant’s conviction is vacated after the withdrawal of a guilty plea. View "Commonwealth v. Martin" on Justia Law