Norwalk, CT asked in Appeals / Appellate Law, Civil Rights, Libel & Slander and Criminal Law for North Carolina

Q: Is an innocent man who has been incarcerated for a crime he didn't commit ever time-barred?

The man was arrested without probable cause, without consent and without a warrant. He was simply accused and had ineffective counsel who did not use discovery to find his approximate location beyond a reasonable doubt, using his personal cell phone geolocation on the date and time in question by subpoena. He did not get to call any witnesses on his behalf nor any discovery(i.e. phone records). Is this not a clear Title 42 §1983 Fourth(unlawful search and seizure) & Fourteenth Amendment(no due process nor equal protection of law given) violation? Can state officials intentionally coerce and use information they knew to be false to convict and sentence this man?

1 Lawyer Answer
N'kia (NLN)
N'kia (NLN)
  • Cary, NC
  • Licensed in North Carolina

A: Allegations of certain types of crimes may constitute defamation (libel or slander). But this doesn't usually apply to official government actions like prosecuting someone for a crime.

As for the criminal proceedings, nothing you shared sounds like a real slam dunk case of ineffective assistance of counsel. But more context would be needed to try to draw any kind of conclusion.

You should consider consulting with an attorney. The consulting attorney will be able to evaluate the options based on more specific details.

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