Can You Sue for Wrongful Conviction?
Being convicted of a crime that you did not commit can destroy your life. Even after exoneration, the effects of wrongful conviction can persist and leave you with no idea about what to do next. What options are available? Can you sue for wrongful conviction?
Yes, depending on the facts of your case, you can sue for wrongful convictions under 42 U.S.C. Section 1983. Victims of government misconduct may have recourse through additional federal and state laws as well. The main purpose of Civil Rights laws are to protect citizens from governmental abuse.
What is a Section 1983 Lawsuit?
The Civil Rights Act of 1871 allows people to sue for certain civil rights violations, including false confessions, unlawful and excessive police force, and wrongful convictions. The federal statute 42 U.S.C. § 1983 under the Civil Rights Act of 1871 permits an individual to sue government actors, such as police officers or other government actors who are acting under state or local law that have deprived a person of rights created by the Constitution.
What Are the Causes of Wrongful Convictions?
There are many reasons why a person may be wrongfully convicted of a crime. A few of the leading causes of wrongful convictions include:
- False confessions
- Improper forensics
- Eyewitness misidentification
Can Lawyers Help the Wrongfully Convicted?
Our civil rights lawyers understand that if you have been exonerated following a wrongful conviction the damage to your life has already been done. You deserve compensation for the damages. Compensation may include support for necessities like food and transportation, securing housing, developing workforce skills and expungement of your criminal record.
In addition to filing a civil rights lawsuit, the federal government, the District of Columbia and 35 states have compensation statutes for the wrongfully convicted.
Depending on the state in which a person lives and where the wrongful conviction occurred, an individual may be awarded up to $50,000 for each year of wrongful imprisonment in addition to potential compensation from a civil rights lawsuit. The federal statute offers additional compensation, up to $100,000, to people who spent time on death row.
Our experienced wrongful conviction lawyers help the wrongfully convicted navigate the appropriate claims process and potential lawsuit. Having a lawyer on your side can help ensure that you receive the compensation you deserve for the years of your life that were stolen by wrongful conviction.
Contact the Wrongful Conviction Lawyers at Grant & Eisenhofer
If you have been wrongfully convicted of a crime, you deserve the chance to hold the responsible parties accountable. Contact the experienced team of wrongful conviction attorneys at Grant & Eisenhofer for assistance and representation.
Our civil rights attorneys can help you understand whether you have a viable claim to recover compensation. Call us at (855) 244-2031 or fill out our online contact form to schedule a free consultation.