Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

I was incarcerated months in Kansas dept. of corrections. I…

Customer Question
I was incarcerated for 16...
I was incarcerated for 16 months in Kansas dept. of corrections. I appealed it and decision was reversed on grounds that the search warrant demonstrated no probable cause, therefor should not have been issued. I lost my job, my home, and my children had to be placed into my mothers home as I am there custodial parent. I want to know if I have legal grounds to file a lawsuit for illegal incarceration, as my 4th amendment rights were violated. also are there any familial damages as my children and I were sperated due to the incarceration.
Submitted: 2 years ago.Category: Legal
Show More
Show Less
Ask Your Own Legal Question
Answered in 7 minutes by:
2/15/2016
Lawyer: Law Educator, Esq., Attorney replied 2 years ago
Law Educator, Esq.
Category: Legal
Satisfied Customers: 125,320
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
KS has no statute specifically providing for wrongful incarceration, which means you have a legal right to sue for the actual losses and emotional distress you suffered from being wrongfully convicted and incarcerated and you can sue for that as part of a civil rights violation against the law enforcement agency and officer who obtained the improper search warrant.
You need to engage a local civil rights attorney and you need to find one at the same sites used by other attorneys, http://www.hg.org or http://www.lexmundi.com. Many attorneys do not specialize in this type of case, you need a civil rights attorney who does and do not stop at one, call several because their fees will vary (contingency fees generally) and they are busy so one may not have time but another will.
Ask Your Own Legal Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 125,320
125,320 Satisfied Customers
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Law Educator, Esq. is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,657 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,408 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

125,320 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

300 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
Once a search warrant is issued and the persons and items
Once a search warrant is issued and the persons and items listed in the warrant are in custody (whom is a tenant) and items such as money and are documented in evidence (the tenant is removed from pre… read more
Robert L
Robert L
Juris Doctor
89 satisfied customers
I am filing a pro se civil right violation case against the
Hello. I am filing a pro se civil right violation case against the DOC in KY and against the halfway house I was confined to, for refusing to provide me with my prescribed HIV meds, resulting in my bo… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,068 satisfied customers
There is no Civil Right attorney to represent me against
there is no Civil Right attorney to represent me against HMO, is there any Attorney y in Alabama licensed in Florida to represent me? … read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,068 satisfied customers
I'm trying to find a civil rights attorney because I feel
ma'am I'm trying to find a civil rights attorney because I feel like my rights have been violated … read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
Is a search warrant that is missing the issuing judges name
Good evening. Is a search warrant that is missing the issuing judges name but has a signature that is not legible a valid warrant … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
125,320 satisfied customers
NEED A FEDERAL CIVIL RIGHTS ATTORNEY. MISSOURI. NONE. 1ST
NEED A FEDERAL CIVIL RIGHTS ATTORNEY JA: What state are you in? It matters because laws vary by location. Customer: MISSOURI JA: What steps have you taken so far? Customer: NONE JA: Anything else you … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,408 satisfied customers
If I had Pant do a no knock search warrant in my roommates
If I had Pant do a no knock search warrant in my roommates name only is it legal for them to search my room also that's separate from her room? … read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
Who can I speak with to file a civil rights claim if I was
who can I speak with to file a civil rights claim if I was mistreated in a hospital? … read more
LegalKnowledge
LegalKnowledge
Juris Doctor
30,247 satisfied customers
Have my civil right been violated by not receiving the
Have my civil right been violated by not receiving the duevprocess. Got a trial quick no ppreliminary trial. Was told i get one by the commissioner … read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
125,320 satisfied customers
Is it possible to retain a civil rights attorney on a
Is it possible to retain a civil rights attorney on a contingency to file a claim against a county or is it always a fee based retainer? … read more
INFOLAWYER
INFOLAWYER
Attorney
Doctoral Degree
22,408 satisfied customers
If a search warrant produces the items listed drugs, gun,
If a search warrant produces the items listed drugs, gun, and money And vehicle on the property is impounded with charges being manufacturing and distributing, POM, and possession of firearm and the r… read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
If a search warrant is issued for a suspected place and the
If a search warrant is issued for a suspected place and the place is listed in the warrant do the officers have the right to search a vehicle parked at that location if the vehicle was not listed in t… read more
KLAW
KLAW
Juris Doctorate
2,193 satisfied customers
I had a search warrant served on my house over 3yrs. ago and
i had a search warrant served on my house over 3yrs. ago and was arrested two weeks later.things they took from house they still have.I never was given a court date so i assume they dropped the charge… read more
Nisha Jones
Nisha Jones
Juris Doctorate
3,167 satisfied customers
Are you a civil rights attorney in Nevada. are you a civil
I was arrested by the police at the Las Vegas airport for no reason. My civil rights were violated and I was falsely imprisoned and I want to talk to a lawyer aboutBringing a civil lawsuit … read more
N Cal Atty
N Cal Atty
Doctoral Degree
59 satisfied customers
A judge in shelby county indiana issued a search warrant,
A judge in shelby county indiana issued a search warrant , then after a change of judge( because of conflict between defendants attorney and that judge) was assigned to same judge that issued the sear… read more
Law Educator, Esq.
Law Educator, Esq.
Attorney
125,320 satisfied customers
I had my home searched with a search warrant with the wrong
I had my home searched with a search warrant with the wrong house number is ***** legal? It also never said what the home looked like. … read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
A search warrant was served in my home for my son's tools a
A search warrant was served in my home for my son's tools a few months back. I did not read the officer's affidavit to the judge before the search because I knew what they were after. However, after i… read more
Zoey, JD
Zoey, JD
Doctoral Degree
193 satisfied customers
Reference to a search warrant by building inspector.
reference to a search warrant by building inspector … read more
P. Simmons
P. Simmons
Attorney
Doctoral Degree
36,865 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x