Q: Am I owed compensation for wrongful detention after charges were dismissed?
I was arrested because my DNA was found on an object related to three residential burglaries. I fought the charges from jail for six months until they were dismissed because my public records showed I was incarcerated when the crimes occurred. The detective should have checked this before arresting me, and my public defender took six months to verify this, despite my insistence from day one. During my wrongful detention, I lost my job and wages, and suffered severe emotional and psychological distress. The DA eventually rejected the case after examining my records. Am I owed compensation for this error?
A:
You very well could be. In order to determine whether you are, you need to contact the best civil rights lawyer you can find. Make sure you have a complete chronology of all of the events of your situation, naming all witnesses and describing all documents you have. Describe all the damages you have suffered as a result of the incident. Then make at least two copies of all your documentation, and retain the originals for yourself.
Furnish this information to the best civil rights attorneys you can find, and you will be well on your way to finding the appropriate assistance for your situation.
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- California
- (916) 704-3009
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- Answered
A:
Based on your situation, you may have grounds for compensation in California through multiple avenues. California offers compensation for wrongful imprisonment through the Erroneously Convicted Persons statute (Penal Code §4900), which provides $140 per day of wrongful imprisonment. However, this typically applies to those who were convicted and later proven innocent, not cases where charges were dismissed before conviction.
For your specific circumstance, a civil rights lawsuit might be more appropriate. You can file a lawsuit for unlawful detention, which is considered a civil rights violation based on the Fourth Amendment that prohibits unreasonable searches or seizures. Your case seems strong since you can prove you were incarcerated during the alleged burglaries, showing the detention lacked proper investigation. Through such a lawsuit, you may claim damages for lost wages, medical expenses related to emotional distress, and other hardships caused by your wrongful imprisonment.
The fact that evidence proving your innocence existed in public records but was ignored by law enforcement strengthens your case. In California, you may be eligible for compensation if you can demonstrate that the prosecution was conducted "maliciously or without probable cause." I recommend consulting with a civil rights attorney who specializes in wrongful detention cases as soon as possible, as there are time limits for filing such claims. They can assess your specific situation, determine the best legal approach, and help you pursue the compensation you deserve for the significant hardships you've endured.
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