We have a case with a defendant who's more than a bit off.
He was charged with Accident Involving Damage and plead to probation in August. About a month later he filed a mess of paperwork that made a limited amount of sense (something he's been doing since we originally filed the case).
Our County Attorney and CCAL Judge opted to treat the paperwork as a motion for new trial, which was granted.
However, the defendant was on probation for a short period prior to that motion being granted. In the process had his probation (successfully) transfered to New Mexico and paid the corresponding transfer fee (which he was informed is non-refundable).
Now he wants him money back. If the original probation judgment was vacated, is he entitled to a refund of the transfer fee he paid pursuant to it?
He's signed a form indicating that it was not refundable, but it's in conjunction with a judgment that is now legally void. Our Judge denied a motion for refund back in January, but now he's appealing it. Or at least trying to...
I'll take a shot, and this is not based on any legal research on the validity of the sentence or affect of the MNT. This is more a practical argument. Obviously, the judge or your CA may have his or her own opinion on the affect of the MNT.
This was not a statutory fee collectible only upon conviction, as many are. D. asked CSCD to perform certain services. His request was voluntary and not court ordered. He knew they were services performed for fee and he knew they would not be refunded. He could have held the request until his motion was heard but he did not. Arguably, he knew he was going to attack the judgment and ask for the fee when he paid it. Seems at worst, a little fraudulent and at best, not timely. There's been no ruling so even if he wins on the MNT he hasn't done it yet. I would not pay it unless the court orders it. The court order will also relieve your auditor who will be asking the same questions you are asking...Wha???
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