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Burden of Proving Restitution Lies With the Prosecution, Not the Defense

Filed under: Criminal Law, News Tags: by Steven F. Fairlie @ May 25, 2010

In an unanimous (3-0) panel decision the Superior Court has just issued a decision reversing an order of restitution where the Commonwealth presented no evidence to support the alleged amount and the Trial Judge placed the burden on the Defendant to prove why the amount was not accurate. The facts were that Christopher Atanasio pled […]

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