I was arrested for convicted felon with a firearm charge but im not a convicted felon. I set in jail for 38 day and they didnt file information isnt that against my rights
2 Answers from Attorneys
You may have a civil claim. You should contact a lawyer who deals with civil rights violations or 1983 actions.
Potentially. In all likelihood, if it was an honest mistake (perhaps they mistook you for someone else) then you probably don't have a basis to sue. On the other hand, if law enforcement knew that you were not a convicted felon and didn't qualify to be charged yet charged you anyway, then that might give rise to a 1983 action. Consult with an attorney in person and be sure to provide them as much information about the case as possible.
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