QUESTION
Who is liable for a pre trial detainee?
Asked on Jun 15th, 2013 on Personal Injury - South Carolina
More details to this question:
I was held in jail for approximately 11 months, but under the sentencing guidelines of my state, barring any weird exceptional sentencing (not applicable here) I could have only lawfully served 90 days. I went Pro se and the prosecutor dropped the case.
6 ANSWERS
Ronald A. Steinberg
Talk to a civil rights lawyer.
Answered on Jul 03rd, 2013 at 3:09 AM
Personal Injury Attorney serving Los Angeles, CA
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Law Office of Malosack Berjis
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I'm not sure if I understand your question. However, if you believe that you have a valid case for false imprisonment, then you need to contact a local civil rights attorney as soon as possible. Just please be aware that when it comes to suing a public entity, the statute of limitations is shortened and there is a requirement that an administrative claim be filed first.
Answered on Jun 27th, 2013 at 12:42 PM
You should speak directly with some criminal law attorneys but I think [am guessing] that you have no case. If you waived time for a speedy trial then it is legally possible to serve more tie in jail before a trial then you would serve after conviction. Otherwise, people who? got no actual jail time as their sentence could sue if they did not make bail so had to remain in jail until the time of trial. Judges would end up sentencing people to more lengthy periods then they had already served.
Answered on Jun 25th, 2013 at 4:18 PM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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You did not say. The fact that the DA dropped the case does not mean you were not guilty. It simply means you did not get tried.
Answered on Jun 25th, 2013 at 9:37 AM
Chapter 7 Bankruptcy Attorney serving Syracuse, NY
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Andrew T. Velonis, P.C.
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The key phrase here is: "the prosecutor dropped the case." So the case is dropped. End of story.
Answered on Jun 25th, 2013 at 9:36 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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There may not be any liability, but if there is, it would be the prosecuting agency who had you detained.
Answered on Jun 24th, 2013 at 9:40 PM