Massachusetts General Laws

Mass. Gen. Laws ch. 280, § 6 (2026)

Costs as penalty for crime; expenses of prosecution

✓ current as of July 2026

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Section 6. Costs shall not be imposed by a justice as a penalty for a crime. A justice may, as a condition of the dismissal or placing on file of a complaint or indictment, or as a term of probation, order the defendant to pay the reasonable and actual expenses of the prosecution. A justice may impose reasonable costs as a result of a default by a criminal defendant that was intentional or negligent and without good cause.

Notes of Decisions

Cited in 11 cases, 1977–2019 · leading case: Aldoupolis v. Commonwealth, 435 N.E.2d 330 (Mass. 1982).

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Aldoupolis v. Commonwealth, 435 N.E.2d 330 (Mass. 1982). · cites it 2× “[3] See G.L.c. 280, § 6. Court costs were to be paid at the rate of $5 a week over the two-year probationary term.”

Commonwealth v. Martin, 63 N.E.3d 1107 (Mass. 2016). “a monthly probation supervision fee . . . in the amount of [sixty dollars] per month.”

Commonwealth v. Martinez Commonwealth v. Green, 109 N.E.3d 459 (Mass. 2018). “" G. L. c. 280, § 6. 12 Because Nelson , 137 S.”

Commonwealth v. Rotonda, 747 N.E.2d 1199 (Mass. 2001). “In relevant part, G. L. c. 280, § 6, provides: “A justice may, as a condition of the dismissal or placing on file of a complaint or indictment, or as a term of probation, order the defendant to pay the reasonable and actual expenses of the prosecution.”

Commonwealth v. Zawatsky, 670 N.E.2d 969 (Mass. App. Ct. 1996). · cites it 2× “Under G. L. c. 280, § 6, there is a general prohibition against the imposition of costs as a penalty for a crime.”

Commonwealth v. Scagliotti, 371 N.E.2d 726 (Mass. 1977). “We agree that the costs imposed here constituted a penalty of the sort prohibited by G. L. c. 280, § 6. The costs were not imposed as a “condition of the dismissal or filing of a complaint or indictment” or as a “term of probation,” as provided by the statute.”

Commonwealth v. Eaton, 419 N.E.2d 849 (Mass. App. Ct. 1981). “That money was returned to the defendant when the judge, a year later, made a finding of guilty and imposed a fine, thus, adding a further overtone of impermanence to the acts of the judge at the first hearing.”

Commonwealth v. Gomes, 552 N.E.2d 101 (Mass. 1990). “4 We cannot agree with the defendant, however, that these costs were in violation of G. L. c. 280, § 6 (1988 ed.), which provides: “Costs shall not be imposed by the court or justice as a penalty or part penalty for a crime .”

Opinion of the Justices, 373 A.2d 640 (N.H. 1977). “, Mass. Gen. Laws Ann. ch. 280 § 6 A (Supp.”

Commonwealth v. Casserly, 501 N.E.2d 540 (Mass. App. Ct. 1986). “” See G. L. c. 280, § 6. Compare Commonwealth v.”

Commonwealth v. Watt (Mass. 2019). “94C, § 47, at a plea hearing, as forfeiture was a separate civil proceeding outside the scope of the criminal matter, and we stated that court costs were ordinarily not refundable, as G. L. c. 280, § 6, prohibits their imposition as a penalty for a crime.”

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