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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 118658
Experience:  Attorney with over 20 years law enforcement, prosecution, civil rights and defense experience
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I was jailed unlawfully in 2013 in Wyoming. I had been

Customer Question

I was jailed unlawfully in 2013 in Wyoming. I had been ordered to spend 10 days in jail over a 10 year old case involving restitution in a car accident. A bench warrant had been issued and my court-appointed attorney advised that the court violated 2 Wyoming statutes that prohibit the court from accepting restitution payments. I appealed the decision, which the judge granted, but still had to serve the jail sentence. The decision was reversed, by a district court judge, so my question is this: How do I recover any monies owed me, in terms of the restitution already paid, fines for contempt for the inability to pay, and finally, any compensation for the time I spent in jail? I am disabled and have not worked since 2004.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  Law Educator, Esq. replied 2 years ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

If you were wrongfully incarcerated, you have to sue the state now for the wrongful incarceration and to recover damages for that and to recover your money. Under WY law, you have 4 years from the date your injury occurred to sue. So your time is getting short and you need to get a civil attorney locally to file suit as soon as possible. The fact they violated the law in issuing the warrant makes the incarceration unlawful and would entitle you to damages for that and also if they wrongfully collected money from you, then you would be entitled to recover that money as well.

You would have to recover though through a lawsuit against the state and you need to hurry.