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Recently, after getting a conviction set aside through a writ, the defense filed a motion asking the court to order a refund of all fines, costs, and fees that were collected from the defendant. Has anyone else ever seen anything like this before? The particulars in my case are that it was an 11.072 writ (for probation cases), and the defense did not ask for a refund in the writ itself, but rather, in a motion filed a month after the court granted relief on the writ and set aside the conviction. I think a refund sounds fair, but I don't see how the court has jurisdiction to do anything at this point. The defense should've asked for this relief in the original writ. But I'm interested in whether you have ever seen the defense attempt to get a refund at all when a conviction has been set aside. It doesn't have to be in this particular way. I appreciate any input. | ||
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