Cleveland Wrongful Imprisonment Attorneys
What is Considered Wrongful Imprisonment in Ohio?
Under Ohio law, you are considered by the state to have been wrongfully imprisoned if you meet the following criteria:
- You were charged with a felony, or aggravated 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.
How Long Do You Have to File a Wrongful Imprisonment Claim in Ohio?
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 obtain legal representation of your choosing. If you have not filed a claim within 6 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.
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.
A Cleveland wrongful imprisonment lawyer from our firm can 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
Obtain the Right Firm for Your Case: Call Spangenberg Shibley & Liber LLP
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.
At Spangenberg Shibley & Liber LLP, 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.
Call Spangenberg Shibley & Liber LLP for a free consultation; our number is (216) 600-0114.
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