how does one receive compensation for being incarcerated unlawfully?

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how does one receive compensation for being incarcerated unlawfully?

what vehicle would one use to receive compensation after serving over ten years of a 30 year sentence. Ias deemed actually innocent of commiting the crime, but cant find one lawyer that will face the government and help me receive compensation. therefore , Iill file siute pro-se, what vehicle do you recommend

Asked on April 19, 2009 under Criminal Law, West Virginia

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

You can file a claim with your state's Compensation Board if it has one.  Otherwise you can sue the Department of Corrections or other appropriate body.

However I am curious. West Virginia is only one of 18 states that currently provide some sort of financial assistance for those wrongfully incarcerated and, unlike many of those states, W Va has no cap on the amount that can be awarded.  So if this is the case I don't understand why you can't find an attorney to take your case.

Remember you had to have been wrongfully incarcerated not just obtain early parole.

You should try to once more get legal representation to sort this out. If you need help, refer to www.AttornyPages.com


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