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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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On 11/22/03
Ashley from IL said:
I am from a very small town in Central,Il. The Cheif of police is trying to accuse me of vandalizing another policemen's vehicle because he pulled my brother over 2 days before this event. I'm scheduled for a Polygraph test next week! They are going to regret even thinking I did something like this! They told me that my prints are on this cops car and everything.! Thats Nonsense! When that Polygraph test shows im innocent...These Washburn Cops are gunna pay! I mean Pay! False Accusation is a big mistake.!
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On 08/08/03
Felicia from IN said:
My boyfriend is in the same sitution he went to trial on July the 28th just cause they found these other guys guilty of dealing drugs they gonna accuse him of dealing drugs he also used drugs and he was a aolcholic and he didn't hang with these people so they said he was a conspricary to this gang and that he distribed 50g of crack cocaine he has never had tha much drugs in his possession he would be dead if he did cause all he did was got high everyday and drunk so they charged him for some one else drugs he was never a drug dealer you cant smoke drugs and seal drugs at the same time. I and h
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On 11/08/01
Verlesha N. from VA said:
I feel that there are a numerous amount of people that are serving time because they were wrongfully accused. The bad part about it is that the commonwealth doesn't take the time to look at the evidence it's all about pointing the finger at someone because it makes them look bad if no one is found guilty. My boyfriend went to court this past Wednesday November 7, 2001 and after being incarcerated for 10 monthd already and admiting to a robbery they still charged him for a second robbery that he didn't commit. The prosecutor had no witness, no finger prints, no video, no one there to identify h
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On 10/10/01
Lashana B. from AR said:
I don't think that a person wrongfully accused of something be tried, because i was accused of stealing a cd from school but the way it was told for the person to ask can we have 1 cd but the person lied and now we have to write a 5 page essay on ethics and i don't think me and my friend should have to write the essay because we didn't lie to the teacher about the cd i think the boy should be punished
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