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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23932
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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My son was falsely imprisoned for a crime he did not commit.

Customer Question

my son was falsely imprisoned for a crime he did not commit. I hsve the documents to back it up
Submitted: 2 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 2 months ago.

Hi,

I'm Zoey and I'll be assisting you. I'm reviewing your question now. is he still in prison? Was he convicted? I f so, by a jury or by plea? How long ago? What is your question?

Expert:  Zoey_ JD replied 2 months ago.

If your son was arrested for a charge he did not commit and the case was never prosecuted, was dismissed as to him, or he was acquitted of all charges, then he may have a case against the county and his accuser for malicious prosecution/false arrest. He would need to sit down in person with a civil trial lawyer to see how viable his case is, because in order for him to be successful there would have to be no probable cause for the arrest. That's the hardest element of the suit for a plaintiff to show, because police generally do not act without probable cause and probable cause doesn't require much evidence.

If, on the other hand your son was convicted by plea or by verdict, he would not have a suit for wrongful arrest. Any kind of conviction, by definition, would justify the arrest and make it right. That is not to say he could not appeal the case on other grounds and be successful in clearing his name, only that he wouldn't have a suit for wrongful arrest. For post-conviction criminal remedies, he'd need to sit down with a criminal appeal lawyer and see if he has a good basis to appeal his suit or to petition for the overturning of his conviction.

Expert:  Zoey_ JD replied 2 months ago.

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.