Ohio Wrongful Imprisonment Attorney
Our Ohio Wrongful Imprisonment Lawyers are dedicated to seeking compensation for individuals that have been wrongfully imprisoned due to:
- Overzealous prosecutors
- Witnesses recanting false testimony
- Failure to produce exculpatory evidence
- Fabrication of evidence
Ohio Revised Code 2743.48 provides a method for recovery for wrongfully imprisonment actions. Initially, one must go to the Court of Common Pleas which had jurisdiction over their initial conviction and file a declaratory judgment action requesting that they be declared a wrongfully imprisoned individual. Upon such declaration the individual can then go to the Ohio Court of Claims for calculation and receipt of damages. Wrongfully imprisoned individuals are generally entitled to $40,000 to $50,000 per year plus any lost wages, costs and attorney's fees.
There are five requirements to meet the definition of being a wrongfully imprisoned individual in Ohio. These requirements include:
- Being charged with a felony.
- Being found guilty of a felony.
- Being sentenced to a term of imprisonment.
- The conviction was vacated, dismissed or reversed on appeal.
- A showing of actual innocence.
If you meet the foregoing requirements, and you think you may have an Ohio wrongful imprisonment claim please contact one of our experienced lawyers for a free and confidential consultation.
If the State's actions were truly egregious and overboard against you, such as in cases involving the fabrication of evidence or failure to produce exculpatory evidence, we will also pursue claims in federal court, including Section 1983 actions for violations of your civil rights. These types of cases permit recovery of signifcant damages, above and beyond the statutory wrongful imprisonment damages, on your behalf.
Our False Imprisonment Lawyers in Cleveland Ohio will seek justice for you.
We also represent individuals in false imprisonment cases. When someone unlawfully confines another against their will it gives rise to a claim for false imprisonment. Those that can be held liable for false imprisonment include hotel security officers, mall security employees, school security staff, police officers, bouncers at bars, and others. In some circumstances a false imprisonment is accompanied by force; however, force is not necessary for a false imprisonment claim to arise. False Imprisonment occurs when the person that is being confined has been threatened by force, or has reason to believe that force may be used.
Our False Imprisonment Lawyers seek to provide fair and just compensation to those who have been falsely imprisoned or detained by the police or others. Contact our Cleveland Wrongful Imprisonment Lawyers today.
Examples of Ohio False Imprisonment cases include the following:
- Being locked in a room at a retail store by a security guard under suspicion of shoplifting
- Being restrained to a hospital bed, or at a nursing home, against your will
- Being arrested, charged with a crime, jailed or convicted, based on false testimony or unlawful warrants
- Being a hostage
- Being a victim of a kidnapping
In false imprisonment cases, the liable party must be able to show that they did not have probable cause or reason to confine you, and the confinement must not be for an unreasonable amount of time. Further, employers of individuals that falsely imprison someone may also be held liable. If you, or one of your family members, has been the victim of a wrongful imprisonment, contact one of our attorneys today.
As set forth above, if you have done time in prison, and your conviction is subsequently over-turned due to your actual innocence or prosecutorial misconduct you may have a claim for wrongful imprisonment or a 1983 civil rights action against the government. Contact one of our experienced Wrongful Imprisonment Lawyers to discuss your particular case today.
We can be reached at (440) 248-8811, or fill out the Free Case Evaluation form to your right, for an immediately legal assessment regarding your false imprisonment case.