Akron, OH asked in Civil Rights for Michigan

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

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1 Lawyer Answer
Brent T. Geers
Brent T. Geers
  • Criminal Law Lawyer
  • Grand Rapids, MI
  • Licensed in Michigan

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.

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