What happens when a defendant is found guilty of a crime, and later exonerated of the charges? It depends, and may not end in the same results in all states. Recently, a man and woman in Colorado were exonerated (basically found innocent) of sex-related charges, however what would happen in regards to reimbursement of court costs would raise questions and result in appeals that will ultimately be resolved by the U.S. Supreme Court.
According to news reports, in 2005 Louis Alonzo Madden was found guilty of attempting to patronize a prostituted child and attempted sexual assault. In 2006, Shannon Nelson was determined guilty on five counts of sexual assault against children. Madden’s court fees and costs included those for a sex offender surcharge, genetic testing, and other costs that came to a grand total of more than $4,400. For Nelson, the total court fines, fees, and restitution totaled nearly $8,200.
Nelson’s conviction was reversed when a member of the Colorado Supreme Court, Justice William W. Hood III, found that Nelson was presumed innocent because she was never “validly” convicted of the charges she faced. Upon release from prison, should it have been required she was also released from court costs and restitution?