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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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I was incarserated months and was found not guilty by a jury

Customer Question

I was incarserated for 18 months and was found not guilty by a jury I would like to sue the state for wrongful imprsionment
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

Congratulations on your successful verdict.

In the vast majority (meaning almost all cases) of case, a defendant that is acquited of criminal charges cannot sue the state for malicious prosecution (the tort you would be suing for, not "wrongful imprisonment", although your attorney may add this in as well).

However, in certain cases, when the conduct by the prosecution is egregious enough, the defendant can sue.

This article here: http://www.criminaldefenselawyer.com/resources/criminal-defense/criminal-offense/suing-for-damages-malicious-prosecution discusses what elements must come together to allow such a suit.

If you intend to pursue such an action, I would highly encourage you to retain a civil litigation attorney to represent you - as noted above, these claims are not very commonly won, and you are suing a governmental entity (which has a long list of procedural and statutory protections) that are best navigated by hiring an attorney to assist you.

Customer: replied 1 year ago.
Should i persue an attorney for contingent fee
Expert:  CalAttorney2 replied 1 year ago.

You can certainly look. That is the way to do this without having to pay anything out of pocket.

Most attorneys will at least give you a consultation for free (or at a reduced rate) so you can discuss your case (and see if you fit into that category - or at least look like you might), then you can discuss the fee. If it looks like your claim might pay out, they would be able to do the contingency fee arrangement with you (advance their services and costs of litigation, so you don't have to put any money up, then take a percentage of any recovery you might get).