{"id":6909,"date":"2017-02-21T15:41:34","date_gmt":"2017-02-21T20:41:34","guid":{"rendered":"http:\/\/localhost:10028\/uncategorized\/civil-rights-actions-wrongful-incarceration\/"},"modified":"2017-02-21T15:41:34","modified_gmt":"2017-02-21T20:41:34","slug":"civil-rights-actions-wrongful-incarceration","status":"publish","type":"post","link":"https:\/\/napolilaw.lemonadestand.org\/en\/article\/civil-rights-actions-wrongful-incarceration\/","title":{"rendered":"Civil Rights: Actions After Wrongful Incarceration"},"content":{"rendered":"

Those who are wrongfully arrested, convicted, or maliciously prosecuted are victims of errors of the justice system, and often suffer egregiously as such. In fact, the Innocence Project<\/a> reports that on average, those who are proven to have been wrongfully convicted through post-conviction DNA testing spend more than 14 years incarcerated. There is no doubt that these victims deserve the right to be compensated from the state.<\/p>\n

States that Have Compensation Statutes<\/strong><\/p>\n

Unfortunately, not all states in the U.S. have compensation statutes, although 32 states, as well as Washington D.C., do. Under states\u2019 laws, those who have been wrongfully convicted of a felony crime and<\/em> served time for the crime are eligible to receive compensation. However, the amount in compensation one can recover varies on a state-by-state basis, with some states capping the recoverable amount.<\/p>\n

It should be noted that the federal government also has a compensation statute. Under federal law,<\/a> a person who is exonerated of a crime may receive up to $50,000 for each year that they were wrongfully incarcerated; a person who was wrongfully sentenced to death may received $100,000 per year for each year they were on death row.<\/p>\n

A person may also seek compensation for a false arrest or malicious prosecution<\/a> when they have been wrongfully denied loss of liberty. Compensation may be sought for emotional pain and suffering associated with a false arrest\/malicious prosecution. Our Civil Rights<\/a> attorneys can guide you through the process.<\/p>\n

Time Limits <\/strong><\/p>\n

Each state that has a compensation statute may set its own statute of limitations that governs the amount of time a wrongfully convicted person has to initiate an action for compensation. In 2007, the Supreme Court of the United States ruled <\/a>that the statute of limitations begins at the point that a person\u2019s detention becomes a legal process (i.e. when they appear before a judge\/court).<\/p>\n

Our Law Firm Is Here For You<\/strong><\/p>\n

If you are someone who was wrongfully convicted of a crime or wrongfully arrested and have since been exonerated, our team at the law offices of Napoli Shkolnik can help you get the compensation you deserve. Contact us today for a free consultation<\/a>.<\/p>\n

\n

Our Civil Rights Department In the News for Our Clients<\/h3>\n

Read More:<\/a> Napoli Shkolnik Civil Rights Lawyers, Craig Phemister<\/a> and James Henning, Get Client Freed From Prison After Double Murder Conviction Tossed by Judge<\/p>\n

Read More<\/a>: Napoli Shkolnik Client Wayne Martin Will Not Be Retried by Brooklyn District Attorney<\/p>\n

Read More<\/a>: Attorney\u00a0Craig Phemister Discusses Napoli Shkolnik’s Pro Bono Civil Rights Department<\/p>\n

 <\/p>\n","protected":false},"excerpt":{"rendered":"

Those who are wrongfully arrested, convicted, or maliciously prosecuted are victims of errors of the justice system, and often suffer egregiously as such. In fact, the Innocence Project reports that…<\/p>\n","protected":false},"author":3,"featured_media":6910,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"inline_featured_image":false,"footnotes":""},"categories":[782],"tags":[],"class_list":["post-6909","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-civil-rights"],"acf":[],"page_builder_type":"gutenberg","gutenberg_data":[],"_links":{"self":[{"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/posts\/6909","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/comments?post=6909"}],"version-history":[{"count":0,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/posts\/6909\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/media\/6910"}],"wp:attachment":[{"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/media?parent=6909"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/categories?post=6909"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/napolilaw.lemonadestand.org\/en\/wp-json\/wp\/v2\/tags?post=6909"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}