It looks like you're using an Ad Blocker.
Please white-list or disable AboveTopSecret.com in your ad-blocking tool.
Thank you.
Some features of ATS will be disabled while you continue to use an ad-blocker.
When a criminal conviction is invalidated by a reviewing court and no retrial will occur, is the State obliged to refund fees, court costs, and restitution exacted from the defendant upon, and as a consequence of, the conviction? Our answer is yes. Absent conviction of a crime, one is presumed innocent. Under the Colorado law before us in these cases, however, the State retains conviction-related assessments unless and until the prevailing defendant institutes a discrete civil proceeding and proves her innocence by clear and convincing evidence. This scheme, we hold, offends the Fourteenth Amendment’s guarantee of due process.
As Justice Stephen Breyer skeptically observed, on that theory, a state could impose a significant fine as the punishment for a criminal conviction, and then keep the money even if the conviction is vacated on appeal – rendering the appeal pointless.
And Colorado may not presume a person, adjudged guilty of no crime, nonetheless guilty enough for monetary exactions. Pp. 6–8.
originally posted by: DAVID64
I can not fu**ing believe this is a actual law.
Just guilty enough to take your money and property.
And Colorado may not presume a person, adjudged guilty of no crime, nonetheless guilty enough for monetary exactions. Pp. 6–8.
originally posted by: DAVID64
I can not fu**ing believe this is a actual law.
Just guilty enough to take your money and property.
And Colorado may not presume a person, adjudged guilty of no crime, nonetheless guilty enough for monetary exactions. Pp. 6–8.
originally posted by: worldstarcountry
Also, in the future, please write a disclaimer notifying the reader that the link is a direct file download. My security stuff is set very high and kinda went a bit honky.