Legal Question in Civil Rights Law in California
my question is, i have a case were i was sent to prison by mistake. im trying to find out how to go about starting a lawsuite and what type of lawyer do i need?
2 Answers from Attorneys
You need a lawyer who handles cases for violations civil rights. How long were you locked up?
If you are still in prison, you need an appeals lawyer.
If you already got out, and pleaded guilty without a trial, there are no grounds for an appeal or civil case now.
If you already got out, and were convicted after trial, you can consult with a civil rights lawyer to see IF you have grounds for a case and IF you are still in time to file one. Merely claiming 'mistake' is not grounds for a civil suit, nor was it successful in your criminal trial. Your burden of proof in a civil case is actually higher than it was in your criminal defense. There you only had to convince one out of 12 jurors you 'might be innocent'. In civil cases you have to convince a majority of jurors you PROVED your claims.
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