i was incarsarated for 10 months for somthing i did not do and the charges were dropped

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i was incarsarated for 10 months for somthing i did not do and the charges were dropped

Asked on June 30, 2009 under Criminal Law, Rhode Island

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Although I do not practice law in the State of Rhode Island, here are my initial impressions regarding your predicament.  First, based upon the limited facts that you have provided, it appears that you were held on bond during the pendency of your criminal charges.  Unfortunately, while this situation adversely affects the financially-disadvantaged segment of society who cannot afford to post bond, there is nothing inherently illegal about this that would give rise to an action for damages.  If, on the other hand, your incarceration was as a result of a false arrest (meaning that there was no probable cause to arrest you, as opposed to no proof beyond a reasonable doubt to convict) then you may, in fact, have a a potential action pursuant to 42 U.S.C. sec 1983, for recoverable damages.  Thus, if you feel that your rights may have violated, I suggest that you consult with and/or retain an attorney to evaluate your options from this point forward.

L.M., Member, California Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

What is your question?  Are you wondering about suing the police department?  Cases like this are typically not successful.  Please write back if you have a specific question you would like answered by an attorney.  Thanks.


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