If you or a family member was wrongfully convicted of a crime in Ohio, rectifying this situation can be extremely difficult. There are numerous steps you must take to challenge a wrongful conviction and to have the conviction reversed, but the damage may have already been done. You need to know how to pursue compensation after a wrongful conviction in Ohio and how an experienced attorney can help.
How to Pursue Compensation After a Wrongful Conviction in Ohio
The first step in obtaining compensation after a wrongful conviction in Ohio is getting the conviction reversed. Securing an exoneration is difficult, and you will need to hire a wrongful conviction lawyer to assist you. Successfully reversing a conviction may require proving a mistake of fact or a mistake of law that led to the wrong outcome, or that your Constitutional or civil rights were violated in a way that directly resulted in your wrongful conviction.
For example, a study conducted by Western Michigan University concluded that eyewitness errors accounted for about 72% of wrongful convictions in the US that were later overturned using DNA evidence. Regardless of how your wrongful conviction occurred, an experienced Ohio wrongful conviction attorney is your most valuable asset for having the court’s decision reversed, but this is just the first challenge you face in rectifying the situation.
If you were wrongfully imprisoned, suffered reputational damage, lost professional licenses, and were unable to earn income and spend time with your family due to your wrongful conviction, then you may have grounds to file a claim for compensation. In Ohio, this is a two-step process:
- First, you will need to obtain a Wrongful Imprisonment Declaration from the Court of Common Pleas. This is a formal legal document often tied to an exoneration from the court admitting that the conviction and subsequent imprisonment were wrongful.
- Second, after obtaining this Declaration, you will need your attorney’s help to file a civil claim for damages through the Court of Common Pleas. Your attorney can help you calculate all of the damages you can seek with this claim.
It is important to note that to qualify for compensation, you must not have pleaded guilty or no contest to the offense in question. You will also need formal proof that your conviction was reversed or vacated, or that you were found not guilty through a retrial.
Damages for Wrongful Convictions in Ohio
The unfortunate reality is that the criminal justice system is imperfect and sometimes makes mistakes, and these mistakes can be incredibly costly to those affected. In Ohio, if you have grounds to claim compensation for a wrongful conviction, your attorney may help you recover various damages with a state-level claim:
- Statutory damages for each year spent wrongfully incarcerated.
- Compensation for income you were unable to earn during your wrongful imprisonment.
- Specific costs for court fees, attorneys’ fees, and other expenses related to the wrongful conviction.
If you have grounds to file a federal civil rights violation lawsuit, you could also secure compensation for the physical pain and mental anguish you experienced as well as other damages. Your Ohio wrongful conviction attorney can explain your most viable legal options and help you decide the optimal route to take following your exoneration.
Hire a Wrongful Conviction Lawyer in Ohio Today
Experiencing a wrongful conviction is devastating in many ways. It may feel as though the entire criminal justice system has worked against you unfairly, and you may have experienced various violations of your civil and Constitutional rights. Regardless of what your case entails, you need legal counsel you can trust to not only help you secure your exoneration, but also pursue compensation for your wrongful conviction. The team at Spangenberg Shibley & Liber can provide compassionate, results-driven legal counsel for this difficult case. Since 1946, our firm has secured more than $1 billion in compensation for our clients’ damages in a wide range of cases. You have a short time to claim compensation for a wrongful conviction, so contact us today to schedule a consultation with an experienced Ohio wrongful conviction attorney.
