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
  • Civil Rights 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.

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.