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  1. #1
    Join Date
    Feb 2012
    Posts
    5

    Default Who Can You Sue If You Are Detained Pending Trial But The Charge is Dismissed

    My question involves civil rights in the State of: md


    well i was picked up on charges of burglary, assault and theft + conspirasys

    i was held for 9 months till trail, on trail it was non prossed

    my co defents case was put on stet 2 months in. my bail was never dropped as i asked every 30 day. on the day. never even got a bail review..
    my co ds case was put on stet due to lack of evidence.. but i was still held. till triail. i was the victim in the case. my door was the one kicked in. we had pictures and showed them to. the state atterny. my discovery was not given to me tiil 6 months in. i was told by my att to take a plea for five years due to all the evidence they had. witch was none.

    more info as needed. sorry i had to re type everything. again

    i have lost everything can i sue? and who?

  2. #2
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: False Imprisoment or Just Civil

    Please speak in proper English sentences. It's hard to understand your point when expressed as text messages.

    I fail to see how you have either a case for false imprisonment criminally or any civil action.

  3. #3
    Join Date
    Feb 2012
    Posts
    5

    Default Re: False Imprisoment or Just Civil

    sorry, im on a phone. but i was the victim? of the case( burglary) when but charges were pressed on me by the alleged "victim". saying i did what he did. i was never found guilty of anything charges;are pending on the "victim". i spent 9 months in jail.. i waited over the 180 days for a speedy trail.. i had court dates set 3 months apart at one time. is that a violation? the states att. could never reach the "victim" my co defents case was put on stet 2 court apperaces in.. but i was still held. why?

    what im really tring to say is: can u sue afther spending time in jail and found innocent or not guilty?non prosesses.

  4. #4

    Default Re: False Imprisoment or Just Civil

    No. Just because you are ultimately found not guilty doesn't mean that your detention pending trial was unlawful.

  5. #5
    Join Date
    Feb 2012
    Posts
    5

    Default Re: False Imprisoment or Just Civil

    i was never Granted a bail review? so can i file civil for pressing[false?] charges? and if my co defents was resolve so more time before hand.

    so afther.. evrything i went tru jail, lost of home,car, back child support.... they just tell u have a nice day?

  6. #6

    Default Re: False Imprisoment or Just Civil

    Did you file a habeas request?

    Again, this STILL isn't an issue of a "false charge".

  7. #7
    Join Date
    Feb 2012
    Posts
    5

    Default Re: False Imprisoment or Just Civil

    i told my lawer too. but he did not, or i cant find anything or provided me with any paper work that he did.. my lawyer was worth a ****. and i told the judge i would like a new one he said " we provided one for you" and that should be in the court records.

    at my "preliminary" charges were dropped and i filed for bond review every 30 days and nothing.

    under the sixth ammendemet under the us contitution you have to be givena fast and speedy trail. 180 days. right?

  8. #8

    Default Re: False Imprisoment or Just Civil

    The problem with rights is that they have to be EXERCISED. A habeas hearing would have gone a long way towards either establishing that you should have been freed, or, the exact reasons and conditions under which you were being held. Since that didn't happen, it's all speculation. Why your attorney allowed you to sit in jail after charges were dropped, and for so long without challenge either implies that your attorney was either incompetent, thus you might consider suing the attorney, or, that the attorney was satisfied that the state had some valid and lawful reason to hold you. The only person who can answer that question is the attorney.

    But something isn't correct. If the charges against you were dropped at the preliminary, then you'd have walked out and gone home, not to jail. This isn't going to be something you're going to solve on a message board. We have no facts with which to work, thus no possible way to evaluate your case other than telling you to (a) go back and ask the attorney on what grounds you were held, and (b) taking that answer to a civil rights attorney, giving that attorney time to gather the transcripts and records of your case, and seeing what they say. It's way too complicated for an online message board, and you appear to have no records or official documentation from your case with which to provide necessary answers.

  9. #9
    Join Date
    Feb 2012
    Posts
    5

    Default Re: False Imprisoment or Just Civil

    at my prelimanery some of my charges were dropped, all my felonys i still had a few charges. but if all my felonys why would they not grant me a bail review?

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