Legal Question in Criminal Law in New York

wrongful imprisionment

If a conviction is overturned on appeal because the higher court ruled there was no crime, does the defendant have to prove there was no contribution on his behalf to his incarceration in a civil suit for malicious prosecution and wrongful imprisonment?


Asked on 1/15/08, 7:15 pm

1 Answer from Attorneys
Anthony Colleluori The Law Offices of Anthony J. Colleluori & Associates PLLC

Re: wrongful imprisionment

No a Civil rights Plaintiff does not have to prove he did not contribute to his own incarceration, however if the government can prove the affirmative defense of contribution for incarceration, then the civil rights plaintiff must meet the defense or he loses.

If you wish to discuss your wrongful arrest/imprisonment Mal. Pros. lawsuit with me further, please contact me by clicking on the links provided below.

Good luck.

Read more
Answered on 1/15/08, 10:18 pm


Related Questions & Answers

More Criminal Law questions and answers in New York