Legal Question in Criminal Law in California

Can u sue if u feel discriminated by the courts because they set your bail as if found guilty for all charges when jury found u not guilty of all charges


Asked on 7/08/11, 10:50 am

2 Answers from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

You can sue, but you can't win. Your past acquittal only means that the jury was not persuaded of your guilt beyond a reasonable doubt. It does not mean you were innocent of the charges, so it does not prevent the new court from believing they were true and factoring them into its decision about bail.

Perhaps more importantly, any defendant you might name in such a lawsuit would almost surely have immunity. Judges and prosecutors generally cannot be held liable for their official acts.

There are ways to challenge the amount of your bail in the trial court and in the Court of Appeal. That would be your only remedy if your bail really is higher than the law permits.

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Answered on 7/08/11, 11:53 am
Terry A. Nelson Nelson & Lawless

No.

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Answered on 7/09/11, 4:27 pm


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