Miami, FL asked in Criminal Law, Personal Injury, Civil Rights and Government Contracts for Florida

Q: if i was put in jail. i win trial let but i lost everything.what should i do.

it was a stand your ground case.

1 Lawyer Answer
Charles M.  Baron
Charles M. Baron
  • Criminal Law Lawyer
  • Hollywood, FL
  • Licensed in Florida

A: You question is vague, but you seem to be wondering if you can seek compensation from anyone for being arrested, jailed, and prosecuted. For compensation from law enforcement authorities, the answer is yes, IF there was no probable cause for the arrest and/or no probable cause for the prosecution. However, in almost all cases that go to criminal court trial, the probable cause exists; otherwise, the case likely would never have made it that far. Probable cause means there are facts that would cause a reasonable officer to believe that you PROBABLY committed a crime (NOT that you are guilty).

To be certain, you would need an attorney to carefully analyze the facts and records of the case. Because your case did go to trial, most or all attorneys would charge you a consultation fee to analyze your case, because, right off the bat, the odds are against it being a viable lawsuit that an attorney can handle on a contingency (percentage) basis.

In some cases, you can seek compensation from the person who accused you of the crime (that is, the alleged "victim"), if it can be proven that the accusation was a compete fabrication. There again, an attorney would need to analyze the potential viability of the case, including whether that person has any assets or wages to collect from.

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