Incarcerated For 5 Months, Case Goes To Trial and I am Found Not Guilty... Compensation?

Originally Posted by GaBeGRaMz

Originally Posted by loxley4life

OP- your case has merits. Don't be deterred by some of the responses you may read on NT. The wifey works in the DAs office and her old boss who was the elected DA got ran out of town for behaving unethically, much like the DA who was over your case. I think many of the guys posting here are thinking that the only time you can be compensated is If you've done years of hard time. That's simply not true. Just because some individuals believe that they are stuck with the present system and its inequalities doesn't mean you have to feel the same way. While I don't have a law degree, I do have a political science PhD and the wifey has been practicing for three years in the criminal realm. Don't give up. Your rights were definetly violated here.

Appreciated. Good Looks. And if it's alright I may contact you through P.M. in the future. Thanks.


That's cool Op.
 
Originally Posted by Mr Jordan04

Did u rap with lil wayne at rikers?

Funny you bring Wayne up. Not because I saw him or anything, because he was in a totally different building, but because while I was there, I had the radio walkman and Hot 97 and Power 105 would give updates about Waynes case.

Dude had a set date to start his sentence and doesn't show, because he wants to get his platinum teeth out. Someone who already pleaded GUILTY and was set to start a term on a certain date was allowed a couple more months to take his teeth out.
laugh.gif
I'm sitting in my cell on a NOT GUILTY plea and I can't stay out of jail on $5,000. They need more money from me so I can continue living life.

Obviously money talks, but if this ain't a *!!+! I don't or will never know what is.
30t6p3b.gif
 
Originally Posted by Mr Jordan04

Did u rap with lil wayne at rikers?

Funny you bring Wayne up. Not because I saw him or anything, because he was in a totally different building, but because while I was there, I had the radio walkman and Hot 97 and Power 105 would give updates about Waynes case.

Dude had a set date to start his sentence and doesn't show, because he wants to get his platinum teeth out. Someone who already pleaded GUILTY and was set to start a term on a certain date was allowed a couple more months to take his teeth out.
laugh.gif
I'm sitting in my cell on a NOT GUILTY plea and I can't stay out of jail on $5,000. They need more money from me so I can continue living life.

Obviously money talks, but if this ain't a *!!+! I don't or will never know what is.
30t6p3b.gif
 
Nope. Only if you're convicted of a crime, sent to prison, then later cleared. You could maybe bring a civil suit against the other party
 
Nope. Only if you're convicted of a crime, sent to prison, then later cleared. You could maybe bring a civil suit against the other party
 
Originally Posted by Nawth21

Nope. Only if you're convicted of a crime, sent to prison, then later cleared. You could maybe bring a civil suit against the other party
i was gonna say this...if you're thinking about just receiving money, your best bet is to go after the people that falsely accused you of a crime you didn't commit.
 
Originally Posted by Nawth21

Nope. Only if you're convicted of a crime, sent to prison, then later cleared. You could maybe bring a civil suit against the other party
i was gonna say this...if you're thinking about just receiving money, your best bet is to go after the people that falsely accused you of a crime you didn't commit.
 
Originally Posted by Nawth21

Nope. Only if you're convicted of a crime, sent to prison, then later cleared. You could maybe bring a civil suit against the other party

this.

look for a lawyer in the morning. some give free consultations tell her/him the situation and they'll let you know how to proceed.

good luck OP.
 
Originally Posted by Nawth21

Nope. Only if you're convicted of a crime, sent to prison, then later cleared. You could maybe bring a civil suit against the other party

this.

look for a lawyer in the morning. some give free consultations tell her/him the situation and they'll let you know how to proceed.

good luck OP.
 
Originally Posted by GaBeGRaMz


Originally Posted by superblyTRIFE

I'm not so sure you can be compensated because well....that's how the system is supposed to work. While awaiting trial, you can legally be held, should the judge feel it is needed.

Now if you were wrongfully CONVICTED and did time, only to be exonerated later....then yeah, you would be entitled to compensation.

That's fine, but my thinking is that it's the police departments duty to investigate a crime before completing an arrest and a charge. Now obviously the Judge doesn't know specifics of what the crime or situation are, but if I'm already on bail and complied with the demands of the court by showing up on the court date, how can they now increase bail with no new stipulations, in example, I was re-arrested, caught a new charge, didn't show up to court. Guilty until proven innocent ?
Sadly, judges have way too much power in our criminal justice system, in my opinion.  A judge can up your bail if they see fit, even if there is no real reason.  Now we know that's total BS, but I don't think a judge is going to lose sleep at night worrying if that decision was ethical or not.  When it boils down to it, they're a judge and if for any reason they thought it was safer to up your bail, then more than likely they won't be looked at as having done something wrong.  That's part of a judge's duties--discretion.  Whether or not we agree with that discretion is a totally different story.  And there is no telling what the DA was putting in his/her ear that made your bail jump up.  
I feel that you have a case, without a doubt.  But I don't think anything will come of it.  As a dude that works in the criminal justice system, I see way too many people get screwed over by the system.  Some deserve it, but sadly even the people that really have a valid claim also get screwed too.  The downside to your situation is that there WAS an altercation--it isn't like they just plucked you from the corner and you had nothing to do with anything.  You were there and you did almost break a dude's nose.  I'm not saying that requires 5 months locked up, but it isn't like you weren't involved in a situation with those that claimed the robbery took place.  Legally, you can be held until trial--there is no debating that at all.  It happens every single day in America.

Like others have said, I'd go after the folks who wrongfully accused you or the DA.  The cops and the judge will probably be kind of hard to touch, IMO.  The cops responded, saw people bleeding and made arrests.  And the judge--well, legally he/she did nothing illegal.  They have that right and that power to raise your bail without a concrete reason like a new case, failure to appear, etc.  Good luck though....it can't hurt to talk to a lawyer and see if you have something going for you.  But getting compensated for your 5 months in the can likely will not happen....but a civil suit seems like a real possibility.    
 
Originally Posted by GaBeGRaMz


Originally Posted by superblyTRIFE

I'm not so sure you can be compensated because well....that's how the system is supposed to work. While awaiting trial, you can legally be held, should the judge feel it is needed.

Now if you were wrongfully CONVICTED and did time, only to be exonerated later....then yeah, you would be entitled to compensation.

That's fine, but my thinking is that it's the police departments duty to investigate a crime before completing an arrest and a charge. Now obviously the Judge doesn't know specifics of what the crime or situation are, but if I'm already on bail and complied with the demands of the court by showing up on the court date, how can they now increase bail with no new stipulations, in example, I was re-arrested, caught a new charge, didn't show up to court. Guilty until proven innocent ?
Sadly, judges have way too much power in our criminal justice system, in my opinion.  A judge can up your bail if they see fit, even if there is no real reason.  Now we know that's total BS, but I don't think a judge is going to lose sleep at night worrying if that decision was ethical or not.  When it boils down to it, they're a judge and if for any reason they thought it was safer to up your bail, then more than likely they won't be looked at as having done something wrong.  That's part of a judge's duties--discretion.  Whether or not we agree with that discretion is a totally different story.  And there is no telling what the DA was putting in his/her ear that made your bail jump up.  
I feel that you have a case, without a doubt.  But I don't think anything will come of it.  As a dude that works in the criminal justice system, I see way too many people get screwed over by the system.  Some deserve it, but sadly even the people that really have a valid claim also get screwed too.  The downside to your situation is that there WAS an altercation--it isn't like they just plucked you from the corner and you had nothing to do with anything.  You were there and you did almost break a dude's nose.  I'm not saying that requires 5 months locked up, but it isn't like you weren't involved in a situation with those that claimed the robbery took place.  Legally, you can be held until trial--there is no debating that at all.  It happens every single day in America.

Like others have said, I'd go after the folks who wrongfully accused you or the DA.  The cops and the judge will probably be kind of hard to touch, IMO.  The cops responded, saw people bleeding and made arrests.  And the judge--well, legally he/she did nothing illegal.  They have that right and that power to raise your bail without a concrete reason like a new case, failure to appear, etc.  Good luck though....it can't hurt to talk to a lawyer and see if you have something going for you.  But getting compensated for your 5 months in the can likely will not happen....but a civil suit seems like a real possibility.    
 
Originally Posted by Informerx

He almost broke dood's nose in jail, that wasn't the original altercation.
Damn.  Scratch that part of my reply then...I stand corrected.  
Still not sure that changes anything about compensation for the 5 months in the clink though....only b/c the system is grimey.  I hope it does work out though--it would be FAIR.  After all, isn't that the premise the whole system was built upon?!  Such an oxymoron the court/criminal justice system is.  SMH.  
 
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