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Ely, Counselor at Law
Category: Legal
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I was charged with a crime and held for an 8 month period until

Customer Question

I was charged with a crime and held for an 8 month period until the charges were dismissed. Can I seek compensation and if so is there a time limit on doing so.
Submitted: 3 years ago.
Category: Legal
Expert:  Ely replied 3 years ago.


Expert:  Ely replied 3 years ago.
Hello friend. My name is Ely, and welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am very sorry for your situation.

Can I seek compensation

You possibly can. To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state.

In such cases, the individuals normally pursue the district attorney, county, and/or the county sheriff for (false imprisonment and malicious prosecution.

"False imprisonment consists in imposing, by force or threats, an unlawful restraint upon a man's freedom of locomotion. Prima facie any restraint put by force or fear upon the actions of another is unlawful and constitutes a false imprisonment, unless a showing of justification makes it a true or legal imprisonment." McDonald v. Lakewood Country Club, 461 P. 2d 437 - Colo: Supreme Court 1969.

Malicious prosecution is when the prosecutor had no case whatsoever but still brought charges against you and attempted to prosecute. Hewitt v. Rice, 154 P. 3d 408 - Colo: Supreme Court 2007.

The extra onus that you have is that someone in your situation would have to illustrate that the conduct of the Defendant(s) was malicious and/or intentional and/or grossly negligent. This is because a state agency enjoys a higher level of immunity that most.

May I recommend the Colorado Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

The attorney should take this on a contingency basis, meaning they do not get paid unless you do. Usual set up is their take is 33% settlement, 40% win at trial, 45% at appeal; plus some office costs. Everything is negotiable.

The statute of limitations to file is ONE YEAR from the time of release, although it is recommended to file as soon as possible.

I hope this helps and clarifies. Good luck.

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