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Mon Jan 9, 2017, 11:49 PM

High court questions why refunds arent automatic when a Colo. conviction is overturned

Source: Washington Post

Virtually everywhere in America, the Supreme Court was told Monday, a criminal defendant who has paid fines and other penalties as a consequence of being convicted gets the money back if the verdict is overturned.

The exception is Colorado, where a freed defendant must file suit and prove his innocence by clear and convincing evidence in order to request a refund.

But perhaps not for long.

Practically every member of the court who spoke at Monday’s oral argument seemed to find something to question about Colorado’s procedure, which a lawyer for two defendants said stood the normal burden of proof on its head.

Read more: https://www.washingtonpost.com/politics/courts_law/high-court-questions-why-refunds-arent-automatic-when-a-colo-conviction-is-overturned/2017/01/09/e4418c6c-d69f-11e6-9a36-1d296534b31e_story.html?utm_term=.0041e4fdec11

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Reply High court questions why refunds arent automatic when a Colo. conviction is overturned (Original post)
Calista241 Jan 2017 OP
yagotme Jan 2017 #1

Response to Calista241 (Original post)

Tue Jan 10, 2017, 06:26 PM

1. Makes sense to me.

Fined if you're convicted, money returned if not.

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