Sacramento, CA asked in Criminal Law, Civil Rights and Constitutional Law for California

Q: Can I sue county for time spent in jail?

I did six months in jail for a charge. Went to trail the case was dropped and re filed. I was O.R. And fighting case on the outside. If they drop case again or are unable to convict, can I sue for time spent in jail?

3 Lawyer Answers
Gary Kollin
Gary Kollin
Answered
  • Criminal Law Lawyer
  • Fort Lauderdale, FL

A: Was there probable cause for your arrest? If so, then no

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: much more info needed..........

why did they arrest you? did they have a reasonable belief you committed a crime? the fact that it was refiled suggests they did.

the question is not so much whether you can sue but rather will you win?

you can always sue anyone for anything.......but will you win.......and if you are wrong will you have financial exposure?

S. Janaan Hashim
S. Janaan Hashim
Answered
  • Criminal Law Lawyer
  • Chicago, IL

A: Based on what you provided, if they arrested you properly and you were proper arraigned and unable to post bail, then any success in filing unlawful arrest would be difficult.

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