My bf served two months in jail for a charge from 5 yrs ago that he didn't do, and the case was dropped b/c the officer said he couldn't remember why he pulled my bf over, is there any way to sue the state for this? he was out of work for being in jail, and lost his job!
2007-02-02 05:58:54 · 5 answers · asked by Carrie H 5 in Politics & Government ➔ Law Enforcement & Police
It is possible. Get a good lawyer and ask them. At best you are looking at lost wages.
2007-02-02 06:09:26 · answer #1 · answered by rcbricker33 3 · 0⤊ 0⤋
Translating this into what I think happened. You boyfriend was arrested and accused of a crime. He was in jail for two months while the criminal proceedings went on (which means that there was at least probable cause for his arrest). His attorney moved to suppress evidence based upon an illegal detention. The officer testified honestly, and said that he did not remember why he detained your boyfriend, and the evidence was suppressed. As a result, they could not convict him and he was released.
This does not tell me your boyfriend was innocent or harassed. It tells me he had the benefit of an honest cop and a judicial system which enforced his rights. No, you cannot sue anybody for that.
2007-02-02 16:06:14 · answer #2 · answered by Anonymous · 1⤊ 0⤋
Most lawyers will give you free advice, tell them what happend and see what they say.
2 months in jail and losing his job is serious, not to mention from now on whereever he goes to get a new job he will be asked why he was in jail?
That almost makes it impossible to get a decent job, because most places these days do background checks.
2007-02-02 16:44:02 · answer #3 · answered by DECEMBER 5 · 0⤊ 0⤋
No, I dont think there is anything you can do. People are released from prison (it seems like al of the time) as they introduce new evidence and tools like DNA, etc. I just saw on the news someone who served 20+ years and DNA JUST proved that he did not commit the crime.
Unfortunately, I dont think there is a remedy. :(
2007-02-02 14:08:21 · answer #4 · answered by erok2020 3 · 0⤊ 0⤋
Yes you can sue. I've seen people sue the criminal justice system and the government for millions of dollars for a wrongful imprisonment, and they get it! I've seen quite a few on the television court shows, 60 minutes etc, that were getting fully compensated.
2007-02-02 14:17:13 · answer #5 · answered by yomama23 3 · 0⤊ 1⤋