Slatington, PA asked in Civil Rights for Pennsylvania

Q: Can you file a civil suit after being wrongfully incarcerated?

My husband was in a fatal accident in 2014. He was arrested in 2016. After the case was presented the originating county and the state supreme court found that all felony and misdemeanor charges should be dropped. He was found to not be reckless or negligent in any way. The only charges remaining were four summary charges. His public defender had him plead guilty without any discussion. We were assured that he would only have fines and possibly probation.

At his sentencing hearing he was given 90 days in jail. On the 36th day he was released. We were told that a similar case came up and the court realized that his incarceration was "illegal". He was resentenced to fines and court fees totalling $280.

Does he have a case for wrongful imprisonment?

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1 Lawyer Answer
Gary Kollin
Gary Kollin
  • Civil Rights Lawyer
  • Fort Lauderdale, FL

A: You should consult directly with a lawyer.

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