Q: Can I sue the court for false imprisonment after serving jail time for violating an illegal probation?
Maryland statute clearly prescribes that probation cannot exceed 5 years; unless probationer has given written consent for the purposes of payment of a restitution.
I was in Montgomery County Adult drug court, and I have served approximately 900 days in jail on a probation that has been terminated by opperation of law, and thefore was illegal. At the time of the first incarceration, said probation was 8 years old. There was a succession of incarcerations in which, at one point, the probation was 10 years old. The sum of days in confinement is approximately 900 days. I made several attempts to inform the court, by counsel, that my probation was infact illegal. Being as though the court sentanced me to terms of incarceration on an illegal probation, I believe, makes the incarcerations illegal as well. Given the details, am I entilted to financial compensation for the illegal incarcerations?
A: The courts, the employees thereof prosecutors, and other core personnel typically enjoy either qualified or absolute immunity for their actions in their official capacities. Probation may be extended or tolled for a variety of reasons, some of which may be applicable to your situation. Nevertheless you present a compelling sequence of events. I would suggest that you promptly consult with an experienced civil liberties attorney, with a knowledge of the criminal law. Best of luck.
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