Q: What sort of a case is it if somebody was incarcerated due to a clerical error that took 2 years to get fixed
So a loved one was arrested on tpo which was dismissed within 2 days. They aresupposed automatically dismissed because it was just 1 of those TPOs that they put on until you go to court and the whole entire thing was dismissed. The problem is that was in 2017 and they did not ever take off the TPO so in 2018 the person was picked up and thrown in for violating the TPO which was another 2 and a 1/2 entire years in prison. Evidently they finally canceled it and sent the paperwork through to Sacramento early 12th 2019. The entire time that he was incarcerated he was told by his attorney and everybody else that he indeed did epitapio that it did not go away and it hadn't been dismissed. Then when researching it further down the road after covid because covid caused a lot of problems getting into the courthouse and records come to find out it was their fault they even said on the phone it was their fault he was locked up for 1048 days more than he should have been . How to address this?
A:
If your loved one was incarcerated for an extended period of time due to a clerical error, they may have a potential legal claim for false imprisonment or wrongful incarceration. False imprisonment occurs when someone is deprived of their freedom without legal justification, and it can be the basis for a civil lawsuit seeking damages for the harm caused.
To pursue a claim for false imprisonment or wrongful incarceration, your loved one would need to prove that they were confined against their will, and that the confinement was unlawful. In this case, if the TPO was dismissed and should have been removed from your loved one's record, but was not, that could potentially form the basis of a claim.
Your loved one may want to consult with an attorney who specializes in civil rights or criminal defense to discuss their legal options. The attorney can review the specific facts of your loved one's case, advise them on their legal rights and options, and potentially help them pursue a claim for damages.
It's worth noting that there may be strict time limits (known as statutes of limitations) for filing a claim for false imprisonment or wrongful incarceration, so it's important to act quickly to protect your loved one's legal rights.
Yelena Gurevich agrees with this answer
1 user found this answer helpful
A:
IF THE COURT SCREWED UP, IT SHOULD BE A SIMPLE MATTER.
HOWEVER, IF THERE WAS A LAWYER, AND THE LAWYER WAS NOT ABLE TO PRESENT EVIDENCE TO GET THE COURT TO CHANGE THEIR POSITION, THEN THERE IS MORE INFO THAT WE NEED TO KNOW.
THE COURT WOULD HAVE APPOINTED A LAWYER WHO WOULD HAVE ARGUED THIS TO THE COURT AT THE FIRST APPEARANCE.
IT SOUNDS LIKE IT WAS PROBABLY ARGUED, BUT THE LAWYER WAS NOT ABLE TO CONVINCE THE COURT OF THE MISTAKE.
FALSE IMPRISONMENT WOULD HAVE A STATUTE OF LIMITATIONS SO YOU SHOULD LOOK INTO THIS ASAP.
2 users found this answer helpful
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