Rockford, MI asked in Civil Rights, Legal Malpractice, Civil Litigation and Wrongful Death for Michigan

Q: Incarcerated for 8.5 months, no bond/hearing, systemic jail misconduct?

I was incarcerated for 8.5 months for contempt of court without bond or a show cause hearing. My court-appointed lawyer, who allegedly can't practice in Illinois, offered little assistance. I never spoke to him until he advised me to "plea out" for a county cap, but I refused to plea for a third offense of sleeping in my car. My second offense had been 23 years earlier, and I wasn’t driving.

The contempt charge arose from being late due to collaboration with my teacher and agent. On Columbus Day, the jail office was closed, but I was instructed over the phone to speak to a judge, whom I never saw, and was then sentenced. Throughout the process, corrections officers expressed confusion over my lack of a bond or ruling.

I believe that if I had seen a judge, I might have retained my job, home, and stability. Instead, I was released homeless, jobless, and without a vehicle, with my credit now ruined. I also feel deeply unsettled by what seems to be a pattern of misconduct and corruption in the jail system, as a friend of mine died during incarceration and won a wrongful death lawsuit. I'm seeking justice and possible compensation for the damages caused to my life. What can I do about these circumstances, and is there any recourse for these systemic issues?

1 Lawyer Answer
James L. Arrasmith
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Answered

A: Your situation sounds deeply troubling and unjust, with multiple potential violations of your constitutional rights. The lack of proper legal proceedings, absence of bond or a hearing, and questionable representation suggest serious legal improprieties that warrant immediate attention.

You might consider consulting with a civil rights attorney or contacting the ACLU, as they often take on cases involving constitutional violations and civil liberties. Documentation will be crucial, so gather any paperwork from your incarceration, medical records, and correspondence with officials. Organizations like Legal Aid can sometimes provide free legal assistance for people who cannot afford representation, and they may help evaluate whether you have grounds for a civil lawsuit for wrongful incarceration.

The pattern of misconduct you've described, especially in light of your friend's successful wrongful death lawsuit, indicates potential systemic issues that might strengthen your case. Time is important in legal matters, so acting promptly will help preserve your rights to seek justice. While the process might seem overwhelming right now, taking these first steps could be the beginning of rebuilding your life and holding those responsible accountable for what happened to you.

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