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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- Maryland
- (410) 591-2835
- View Profile
- Answered
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.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
