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Speak Up! - View Question #232 |
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Question: If wrongfully accused and tried for a crime, can a person be compensated for costs arising from defending in court?
Answer: There are two matters to consider. The first is that we all have a Fourth Amendment right to have the assistance of an attorney in criminal defense cases. As set forth in Miranda v. Arizona, if we cannot afford to hire an attorney, one may be appointed to represent us at trial. So, the first matter is that if we cannot afford an attorney, we can have one appointed to defend us and we then have no costs or expenses.
The second matter arises if we are able to hire an attorney and pay for our defense. Let's assume that a trial is held and the defendant is found innocent of any wrongdoing. In such a case the State (or government lawyers in a criminal trial) would lose and the defendant, having won, would each bear their own costs.
The only time the State may have to compensate a defendant is when the defendant can show that there has been prosecutiorial misconduct. This means that the State (through it prosecutors or lawyers) did something very wrong concerning the case which seriously prejudiced the defendant at trial (whether he's found innocent or even guilty).
While prosecutors are usually given wide discretion to go forward on a case, examples of prosecutorial miscunduct would be where there is strong evidence indicating that the defendant is really innocent and the State prosecutes him anyway, or, where evidence or testimony is fabricated or falsified and the State knowingly uses it anyway.
So, usually, unless there is serious prosecutorial misconduct, a defendant will not be able to get compensated for his costs of defending a criminal prosecution.
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| Comments |
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On 03/08/09
Rosa from MD said:
My nephew was wrongly accused of first degree murder and was given life + thirty years no parole. The only witness the state had stated that she was not sure if it was him or not she only knew that the boy had locs in his hair, now how many black men has locs. Also my nephew has one leg and this was never mentioned. He was misrepresented in the worse way. Please help us if you can. He is only twenty-four
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On 09/22/06
Janie from TN said:
HI,
I have a son that is going through some serious stuff. He was accused of 3 serious crimes,and pointed out by one fo the victims. Since then, the victims have found out who the real perps are, and they even testified to knowing my son wasn't one of them, and the DA is still not giving him justice.The detective in this case has a personal (baby moma) vendetta against my son because my son has slept with this female.I feel like the system only wants to win, even if it sends an innocent man away.Oh by the way,the DA really knows who did this.My son is not just sitting quietly so theyre mad.
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On 03/27/06
DeYon from TN said:
im one of those falsely accused. A nashville native thats going thru something for nothing. the lady that said i attempted to rob her cant even get her story right.i had to pay bonds take off of work. and i dont know this lady from the man on the moon.its also disgracing my character , i thank its time for all of us to get together and find out what can we do and do something about it.
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On 01/20/06
Neisha from CA said:
My boyfriend is now on trial for robbery. They found nothing in their car, but at the trial, the cops told that there was a gun, alcohol and some things they stole in the car. I think that is messed up how the police add evidence. My boyfriend thinks it is because he and his two friends are black and the cops were white. As much as i don't want to say it, but that may be the case. It is ridiculous how a little altercation turned into people's lives in jeopardy. In the eyes of the court, they are crminals and guilty. It is their word against the cops. I think racism is a big problem in the law
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On 03/04/04
jim from OH said:
Unfortunately the criminal justice system presumes one is guilty until he/she proves themselves innocent. If anyone accuses you and attest to your having committed a crime against them you are presumed guilty. You may be arrested, placed in jail, and sentenced if you are unable to hire a good defense attorney and perhaps a private investigator to prove your innocence you are in deep caca. This can be a time consuming and expensive process. The court does't really care about that it's just a job to them. They do this everyday. That's why the jails and prisons are overcrowded now.
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