#LegalAdvice #DoubleJeopardy #CivilRights
Hey everyone! I need some advice on a situation that recently happened to me. 🤔 I was jailed for the same crime twice – the second time being due to a supposed “computer system error.” Here’s a quick rundown of what went down:
– I had already been sentenced for a crime and was on probation
– Got pulled over for a routine traffic stop and was informed of a warrant for the same crime I had already been convicted for
– Spent 3 nights in jail until they realized the mistake and released me
Now, I’m wondering if I should sue for this error. Do you think I am owed restitution for the 3 days I lost, including the 4th of July? Any advice or similar experiences you can share would be greatly appreciated! 🙏 Let’s discuss and help each other out!
Contact your local Legal Aid.
I am a lawyer. Yes you should. Contact the nearest reputable attorney that handles section 1983 claims/ civil rights violations. This is worth a few bucks for sure and these lawyers generally take their cases on a contingency fee, so you don’t pay until you get paid.
I can see this going either way, they could have done some more checking to verify that the warrant was current and valid, but the court could see they were within the course and scope of their duties.
Yes, sue for title 42 1983 violation of rights.
Double jeopardy
You can be held for up to 72 hrs for any reason they want on or off probation but Especially on probation.
Your rights were violated. It’s not your fault or problem they had a clerical error. Sue. Sue. Sue.
How much is three days of your life worth? Guess I would be curious of the severity of your crime. Bad enough for the court system to be cautious in your release? I’d err on the side of caution, but call a lawyer, they love this crap and could use the $$.
Actually it might very from state to state look up your state legal code under system and type in detention or detain, but I do know that even if your wrongly convicted and served time like I did 6 months and your get your charges overturned by a judge you still have no right to compensation. The only time you can get compensation is if you were convicted and served your entire sentence, and then something like DNA proved you were not guilty
Then you can sue. But all government has immunity meaning they canyon be held accountable for harming anyone
ACLU
Sue the bastards!
You could sue, but the damages you receive probably would be minimal. Five figures at most I would say. A local attorney may be able to give you a more accurate number.
This was an error on their part, and you are probably entitled to damages for the time and hardship from that. Definitely an example of malpractice, though probably not double jeopardy (you were not charged for a crime, but detained wrongfully for the same crime twice. You have a case, especially if you were following the terms of your probation