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RobertJDFL
RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 13332
Experience:  Experienced in multiple areas of the law.
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Second opinion] i was arrested on murder charges 20 yrs ago

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Second opinion] i was arrested on murder charges 20 yrs ago and face the death penalty i was found not guilty of all charges i had a good job making 52000 a yr work same job 5 yrs never missed a day also pa>d for my own attorney 3 yrs of my life due to incarceration oc false alligations im still bearing the scar nightmare hurt and pain never got my life back can i sue and be compensated any type way

Thank you for using Just Answer. I am a licensed attorney and look forward to helping you. I am reviewing your question and will reply back shortly.

Good evening,

I agree with the previous expert that while you cannot sue the government for the incarceration, if all of this happened because of false claims by a person or persons, you could potentially have a cause of action against them for damages. My concern would be that after 20 years , even if you knew where this person or persons was/were today, the statute of limitations to bring a lawsuit would have run out. However, state laws vary and you don't say what state this occurred in. If you let me know, I can tell you whether you could still bring a lawsuit.

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Customer: replied 1 day ago.
this happened in los Angeles calif compton court as i mentioned i had been on my job for 5 yrs i was picked up then released not charge with any thing detective called me and ask me to come to station so we can talk i went in and he got mad and put ne under arrest cause he thought i was being snart
Customer: replied 1 day ago.
i have been dealibg with rhis nightmare for years that situation had a tremendous impact on my life especially when i was ding verywell at the time 5 yrs on a job 1000 a week i was dedicated to my work then to be labeled as a murderer i gave news video still i lost everything incarcerated 3 yrs going to court
Customer: replied 1 day ago.
there was no statue on that case so there should be no statue on my situation here in calif i would gave retired from that job i was at a chemical plant

I can appreciate you being upset at the situation, but please understand that I don't control the laws. I can only tell you what the law says. Respectfully, ***** ***** confusing a criminal statute of limitations (which murder doesn't have one) with a civil statute of limitations. Civil rights claims against government agencies generally need to be filed within 6 months of the incident. The statute of limitations for false imprisonment in California is given in section 340(c) of the California Code of Civil Procedure. A civil action for civil penalties or punitive damages claiming false imprisonment must be filed within one year. Given that this happened so long ago, although I wish I could tell you otherwise, the reality is that you if you were to file suit now, it would be dismissed for being past the statute of limitations.

Furthermore, you also have to consider that officers are given broad discretion in arresting a person. They only need "probable cause" -a reasonable belief to them -that a person committed a crime to make an arrest. That makes false imprisonment/false arrest claims very difficult to prove even when the statute of limitations hasn't expired.