As unfortunate as it is, many people are being imprisoned for a crime they did not commit. Not only does this impact those who have been wrongfully convicted, but this also affects their families and the community they live in. There have been so many cases of innocent people being imprisoned while the real perpetrator of the crime roams free.
If you or any loved one has been wrongfully convicted of a crime, it is within your rights to file a lawsuit for damages for wrongful conviction. For this, it is best to hire a criminal defense lawyer to guide you with the process as well as represent you in court. Here are situations where you will have basis to file a suit for wrongful conviction:
When you are convicted of a crime you did not commit
Though you may have been sentenced wrongfully in court, if there is still a chance of exoneration, don’t be afraid to file a suit for wrongful conviction. Ask your attorney to review the evidence presented in court and correlate it with the facts of the case. It would be quite ill-fated for you to serve an imprisonment sentence for a crime you did not commit.
When false evidence is presented against you
Believe it or not, the presentation of false evidence in court is regrettably a common occurrence. It may be due to police or prosecutorial misconduct. These may include eyewitness misidentification, false confessions or testimony, and improper forensics.
If it can be proven that any of the evidence presented during your trial is false or fabricated, it must then be examined once again. Any evidence of misconduct that can be confirmed may help your civil lawsuit for wrongful conviction.
When alibis and/or other helpful evidence is neglected by the court
Another instance of police or prosecutorial misconduct or even a lacking defense would be the failure to present evidence in court that may help prove your innocence. Alibis, forensic evidence, or credible witness testimony that were neglected or not shown in court can be presented again when you file the lawsuit for wrongful conviction.
When you are refused to be given compensation
It is generally assumed that you are automatically compensated by the state government for loss and injury for your wrongful conviction. However, that is not usually the case. Right now, there are only 29 states that have compensation statutes. It may nevertheless be possible to fight for compensation for damages inflicted on you. Ask for advice from your attorney regarding these kinds of issues.
When you are denied housing and transportation privileges, health services, or insurance
There are many stories of those who have been exonerated having trouble getting back to their normal lives due to their existing records. Not only is it difficult to find a job or to avail of health services or insurance, you may even be looked upon with prejudice for a crime you did not commit. It is then crucial to gain proof of your wrongful conviction and filing a lawsuit may help you regain rights that were taken away from you.
Let a Criminal Defense Lawyer Help You!
Review all the evidence you need to win the wrongful conviction civil lawsuit. Aside from that, it is important to hire a dependable and steadfast lawyer that can help you with your case. You are going to trust them with the fight for your complete freedom, so choose wisely.
Written by Kellie Bertels, an attorney at Bandre, Hunt and Snider in Jefferson City, MO. Bandre, Hunt and Snider are the best attorneys Jefferson City MO have to offer.