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Detroit Wrongful Imprisonment Lawyers

Wrongful Imprisonment

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Did you spend time in prison for a crime you did not commit? Are you recently exonerated and ready to demand justice? If so, our compassionate Detroit wrongful imprisonment lawyers at Davis Injury Lawyers, PLLC, are here to fight for your civil rights and maximum compensation for your suffering.

With our firm advocating for you, you can finally begin to rebuild your life after the trauma you endured. Contact our team at (313) 462-7979 or our quick contact form to schedule your free consultation today.

What Is Wrongful Imprisonment?

Wrongful imprisonment occurs any time an individual is wrongfully convicted of a crime. You must meet specific criteria to qualify for a civil claim for a wrongful conviction in Michigan. This includes:

  • Having been wrongfully imprisoned for one or more crimes
  • The charges against you were ultimately dismissed, or you were found not guilty
  • You were sentenced to time in a Michigan state prison
  • You served a portion of your prison sentence
  • Your criminal conviction was vacated or reversed
  • New evidence has been submitted that demonstrates you were not the perpetrator or an accessory to the crime in question
  • You received a gubernatorial pardon

If you believe you meet the wrongful imprisonment terms, you may wonder what legal options are available to you. After everything you have been through, you have the right to demand justice. When your life has been substantially affected by the wrongful conviction in your case, you can hold the state accountable and recover compensation through the Wrongful Imprisonment Compensation Act.

How Does False Imprisonment Happen?

When you hear the term “false imprisonment,” you might assume that this includes wrongful convictions. However, false imprisonment only requires an individual’s unlawful detention or arrest. This does not necessarily mean that they must have been convicted.

However, false imprisonment and wrongful convictions can destroy innocent people’s lives. You must take action when faulty evidence, such as hair or fingerprint comparisons, is used to obtain a conviction in your case or you were unlawfully arrested.

What Is the Innocence Project?

The Innocence Project is a nationwide organization that devotes its efforts to preventing future wrongful convictions, getting wrongfully convicted individuals released from prison, and establishing a more equitable justice system across the country.

Exonerating the wrongfully convicted is their top priority, utilizing DNA and other concrete scientific evidence to get convictions reversed.

What Is the Wrongful Imprisonment Compensation Act?

According to MCL 691.1753, the wrongful imprisonment compensation act allows compensation to be awarded to innocent people who were falsely imprisoned or wrongfully convicted of one or more crimes.

This law is relatively new, only taking effect in early 2017. The state has the authority to provide considerable compensation and settlements to those who have been exonerated and released from prison.

Who’s Eligible for a Wrongful Imprisonment Claim?

Speak with your wrongful imprisonment attorney to determine whether you meet the eligibility requirements for compensation under the Wrongful Imprisonment Compensation Act. These requirements include:

Felony Level Convictions

You must have previously been convicted of a felony-level offense. Misdemeanor offenses are not eligible for compensation under the Wrongful Imprisonment Compensation Act, as misdemeanor offenses do not require the convict to spend time in state or federal prison.

If you were wrongfully convicted of a misdemeanor offense, pursuing expungement may be a better option in your case.

Serving Time in a Michigan State Prison

Only individuals who serve time in a Michigan state prison may be eligible for compensation according to the Wrongful Imprisonment Compensation Act. Anyone who has spent time in county jail will not be eligible for compensation despite being wrongfully convicted.

What Compensation Can You Receive?

You could recover $50,000 for each year from the date you were imprisoned to the date you were released. You will also have the right to restitution for court or attorney’s fees and other out-of-pocket expenses.

How Long Do You Have to File Your Claim?

Under Michigan law, your complaint under the Wrongful Imprisonment Compensation Act must be filed within three years of the date your conviction or judgment was reversed or vacated. If you don’t file before the statute of limitations expires, you could miss out on compensation.

Get Help from a Wrongful Conviction Attorney Today

After everything you have been through, a wrongful conviction should not haunt you for the rest of your life. Fight for maximum compensation and demand justice for your wrongful conviction.

Contact an experienced Detroit wrongful imprisonment lawyer at Davis Injury Lawyers, PLLC, for a free case review today. Schedule yours by filling out our online contact form or calling our office at (313) 462-7979.