3 ms·
Posting as a throwaway for obvious reasons... "evidence of innocence"... I was once accused of a financial crime, around taking money from an account. I was,
by throw_evidence 2y ago
Posting as a throwaway for obvious reasons...
"evidence of innocence"...
I was once accused of a financial crime, around taking money from an account. I was, admittedly, guilty, however, the amount claimed was nearly triple the amount that I had taken (there were multiple shenanigans happening).
When my attorney and I said "Actually, we think the amount is $X, not $3X, because x y and z", we had an extraordinarily difficult time with the Prosecutor, who wanted US to justify why we thought the amount was only $X.
Apropos of any plea or deal or whatever, no... the onus is on the Prosecution to verifiably demonstrate the loss. Not for me to justify why I think the amount is different. Ironically, the justification we did provide came from the Prosecution. "You said the loss was $Z, including $Y in checks which were diverted. Witness statements and other testimony showed that these checks were NOT diverted, by their own words. Ergo, the loss is $Z-$Y."
Prosecutor was still "you need to show me the math for what that equates to". "No, that amounts to incriminating self, and is, bluntly, not my responsibility. You need to assert how you came to the number you are claiming in the charge."