Commonwealth v. NievesAnnotate this Case
The Supreme Judicial Court vacated the order of the superior court denying Appellant's motion for refund of parole supervision fees she paid while on parole, holding that Appellant was entitled to return of the parole fees she paid.
Appellant's convictions were vacated and the charges against her dismissed with prejudice due to the misconduct of Annie Dookhan, a chemist at the William A. Hinton State Laboratory Institute. Appellant subsequently filed a motion in her criminal case seeking a refund of the parole supervision fees that she had paid as a result of her invalidated convictions and a waiver of the remaining balance she owed. The superior court denied the motion, concluding that a motion filed in the criminal case was not the correct way to seek a refund of parole fees. The Supreme Judicial Court vacated the judgment, holding (1) Appellant was entitled to a return of her previously paid parole fees; and (2) Appellant correctly filed her motion for a refund in the same criminal case in which her convictions had been invalidated.