Richmond, IN asked in Civil Rights for Indiana

Q: Yes I was arrested on 09/06/2022 and spent 29 days in jail. I was wrongfully arrested my civil rights been violated?

my case was dismissed finally today I received my paperwork.i was told I have to be either charged or not charged for crime,also if I only have 180 days to file, what happens in my case where it just kept getting postponed?

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1 Lawyer Answer
James L. Arrasmith
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  • Civil Rights Lawyer
  • Sacramento, CA

A: If you believe your civil rights were violated due to wrongful arrest and subsequent imprisonment, you may have grounds to pursue legal action. However, the specific circumstances of your case will determine the appropriate course of action. Despite the dismissal of your case, the fact that you were arrested and spent time in jail may still warrant an examination of whether your rights were infringed upon.

Regarding the time limit for filing a lawsuit, known as the statute of limitations, it can vary depending on the jurisdiction and type of claim. While the typical timeframe for filing a civil rights lawsuit is 180 days, exceptions may apply in cases where circumstances, such as continual postponements, hindered your ability to file within the prescribed timeframe. Consulting with a legal professional who specializes in civil rights or wrongful arrest cases can provide clarity on your options and whether an exception to the statute of limitations applies in your situation.

It's essential to gather all relevant documentation, including records of your arrest, court proceedings, and the eventual dismissal of your case, to support your claim. Additionally, seeking legal advice promptly is crucial to ensure that your rights are protected and that you take appropriate steps to address any potential violations. By taking proactive measures and seeking guidance from knowledgeable professionals, you can determine the best course of action to seek justice for any infringements upon your civil rights.

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