QUESTION
Do I have the right to restitution if I'm found not guilty?
Asked on Aug 22nd, 2013 on Criminal Law - New York
More details to this question:
I paid $5000 in bond money and spent 30 days in jail. I was found not guilty on both charges.
4 ANSWERS
Accident Attorney serving Lagrangeville, NY
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Marco Caviglia, Esq.
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No. But you may have a lawsuit in some instances for wrongful arrest or malicious prosecution, and it may be worth the telephone call to an attorney.
Answered on Aug 30th, 2013 at 10:17 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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No sadly. There might be some causes of action but I need the details.
Answered on Aug 30th, 2013 at 10:17 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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No. This happens all the time. If someone made a false allegation against you (other than police) then you could try to sue them but chances of winning are slim because you would have to prove your innocence for one thing. You were only found not guilty.
Answered on Aug 30th, 2013 at 10:17 AM
John J. Carney
Restitution is what a perpetrator pays to the victim. You are the perpetrator and you were found not guilty, not innocent. I doubt that you could find a lawyer willing to sue the police, but that depends on the facts. Maybe it was a false arrest or malicious prosecution, talk to a civil lawyer on Avvo in your city. It would be civil damages or punitive damages, not restitution.
Answered on Aug 30th, 2013 at 10:17 AM