Q: can I still sue a police department for a wrongful conviction even if I was serving an concurrent sentence????
I was just recently exonerated from a second degree murder charge I was originally serving a 8 year sentence for great bodily harm which I was given 6 to 10 years and an additional 2 years to be served consecutively which was 8 years total however 3 months after being in the doc the police hit me with some bogus homicide charges and I was given a 45 to 75 year sentence which made me go 3 years past my original erd Can I still die the police department
A: The answer is going to depend on how you were convicted of the murder charge. Did you go to trial and lose? If you plead guilty, then I think you'll be out of luck. I don't think being held beyond your ERD is relevant, although I totally understand where you are coming from with it. Here's why: Your ERD is simply the first date you can be paroled; it's still ultimately up to the parole board whether to release you. And so you'd have a hard time proving that but for the murder charge, you would have absolutely been released at your ERD because you have no way of knowing that. The Parole Board could have kept you beyond the ERD for any number of reasons besides your murder conviction.
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.
