Civil Actions Against the State for Wrongful Imprisonment
Under Ohio law, you are considered by the state to have been wrongfully imprisoned if you meet the following criteria:
- You were charged with an aggravated felony or felony
- You were found guilty of but did not plead guilty to the charge or any lesser included offense
- You were sentenced to a prison term as the result of being found guilty
- Your conviction was vacated or dismissed, or reversed on appeal
- There is no further appeal pending by the prosecutor or any other individual for any act associated with the conviction
- A procedural error resulted in your release or it was determined that you did not commit the offense or any lesser included offense associated with the charge
The state has taken a proactive position on wrongful imprisonment and takes a number of steps to inform victims of their right to seek damages. Once you have been identified as a person who was wrongfully imprisoned, the court provides you with a copy of the law. You are verbally informed of your right to sue and to have legal representation of your choosing. If you have not filed a claim within six months of being notified of these rights, the court will send you a reminder letter and will continue to do so once every 90 days until the statute of limitations runs out.
As of September 24th, 1986, any person who has been identified by a court of common pleas as a wrongfully imprisoned individual has the right under Ohio law to file suit against the state. What this means for you is that, if you meet all of the criteria for wrongful imprisonment, you automatically have a claim for damages against the state. — Partner Nicholas A. DiCello
At Spangenberg Shibley & Liber, we represent clients in all aspects of wrongful imprisonment claims. We can help you file a claim with the court and work to ensure that all deadlines are met. While the state is openly admitting its liability in these matters, having one of our Ohio wrongful imprisonment lawyers representing you can help to ensure that you receive the full compensation you are entitled to under the law.
Available Damages in an Ohio Wrongful Imprisonment Claim
The law is very specific with regard to the type of damages wrongfully imprisoned individuals can seek in these claims. We work diligently to see that you receive the full amount available in each category, including the following:
- Reimbursement of all fines, court costs and attorneys' fees
- An allowance for each year you were incarcerated and a pro-rated amount for any partial year (currently $40,330 per year)
- Any lost income directly connected to your arrest, prosecution, conviction or wrongful imprisonment
- Any surcharges or copayments you made for medical care, housing or other services while incarcerated
Experienced, Sophisticated, Reputable
Spangenberg Shibley & Liber is among the most respected law enforcement negligence law firms in Ohio. Our attorneys are committed to helping wrongfully imprisoned individuals recover the maximum level of damages available for their claims. Our extensive background with these types of cases and our complete understanding of the unique issues that need to be addressed allow us to provide the dedicated representation necessary to help you reach the best available outcome.
Free Consultation • Contingency Fees • Spanish and Ukrainian Interpreters
Our Cleveland lawyers offer free, confidential consultations to review your wrongful imprisonment claim and explain your rights. Please contact us as soon as possible to avoid deadlines that may exclude you from pursuing damages. We handle all wrongful imprisonment cases on a contingency basis, so you can rest assured that we are prepared to move forward without charging you any attorneys' fees until your case has been resolved.
Remember, if you have a claim, there is a two-year statute of limitations clock that started running on the date the court determined you were wrongfully imprisoned. After that time, you will no longer have the right to sue. Protect your rights by contacting us today or calling us at (888) 633-0360.
