U.S. Supreme Court Rules Criminal Defendants Who are Acquitted are Entitled to Refund of Court Costs and Restitution

Posted on 5 February, 2019 at 10:45

The Supreme Court of the United States has ruled that when criminal convictions are overturned on appeal, court fees and restitution should be refunded to the defendant. According to the ABA Journal, the U.S. Supreme Court examined a Colorado case in which criminal defendants were acquitted after an appeal and tackled the issue of whether the State was required to refund the defendants for monies paid as part of their convictions.

The State argued that the reversal of the convictions did not require the State to refund monies paid to them in the amount of court costs and restitution unless the defendants proved in a civil suit by clear and convincing evidence that they were innocent.  The Supreme Court agreed with the defendants position that they should not have to prove their innocence in a civil suit in order to be refunded their money. The court reasoned that defendants should not be saddled with a burden of proof to get their money back. 

Written by:   Alexandra Siskopoulos, Esq.

Telephone:   (646) 942-1798

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Categories: Appellate Attorney News