"Socrateaser" Under what circumstances can an entity (e.g, person, corp,) that is sued, accused, arrested, brought to trial under let's say false pretenses, facts were made up, evidence was falsified seek restitution and if so against who?
Criminal charges are narrow and specific. The crime of "false pretenses" at common law is (1) a misrepresentation (2) of a past or present fact (3) intended to induce (4) a person to voluntarily relinquish his/her property. Every state jurisdiction may have different criminal laws that are close to the above - but, for a real-world prosecution, the facts must be exactly in alignment with the crime as it is enacted in the jurisdiction (or under federal law, if the crime occurs via an "instrumentality of interstate commerce," or across state lines). The police must have a good faith believe that there is probable cause to arrest for false pretenses, i.e., at least a 50/50 probability that the suspect's actions satisfy each and every element of the crime.The district attorney must be able to prove probable cause to the magistrate, if the defendant requests a probable cause hearing. Assuming that the DA successfully does this, then the suspect can be arraigned and he/she becomes the defendant. The DA must then prove each and every element of the charge beyond all reasonable doubt (from the jury's perspective). If the facts are falsified, then it's up to both the DA and the defense counsel to prove it. The DA has the responsibility to discover all inculpatory and exculpatory evidence. Evidence that aids the defendant or not, must be discovered to defense counsel. The DA's obligation is to prosecute those who violate the law, and exonerate those who do not, before trial. Of course, in the real world, the DA frequently loses sight of his/her constitutional obligation. But, proof that the DA concealed exculpatory evidence is grounds for a reversal of a conviction and possibly disbarment of the DA from legal practice.Hope this helps. NOTICE: My goal here is to entertain while educating the public about the law. I hope my answer is useful and informative to you. During our conversation, the website may ask you to rate my answer. If you rate my answer lower than the middle rating, then the website retains your entire payment, and I receive nothing. It is entirely your choice as to how you rate my answer. However, because your payment to me is in the nature of a donation/gift, rather than as compensation for any services rendered, you are entitled to know how your rating affects the final distribution of your donation. If you need to contact me again, please put my user id at the beginning of your question ("To Socrateaser"), and the system will send me an alert. Please Click the following link for IMPORTANT LEGAL INFORMATION. Thanks and best wishes!
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