If a detainee is acquitted of his/her original charges, should he/she also be acquitted of any new charges that he/she incurred while being wrongfully incarcerated?

Asked on November 5, 2012 under Criminal Law, New York


Arkady Bukh / Bukh Law Firm, P.C.

Answered 8 years ago | Contributor

No, not necessarily.  Your attorney could try to argue that if you hadn't been incarcerated due to the charges not dismissed the other charge might not have occurred, but this is not likely to be successful.  You will be charged for whatever crime you committed while incarcerated and be judged on the facts of that case alone.  Get an attorney right away. 

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

The two different sets of charges that you have written about stemming from two separate incidents do not go hand in hand. Just because one set of charges may be dismissed under one set of facts, the other charges resulting from other facts concerning other alleged wrongful conduct may not be subject to a dismissal. I suggest that you consult further with a criminal defense attorney to assist you with respect to the matter that you have written about.

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