Legal Question in Criminal Law in North Carolina

Held in jail AFTER case was dismissed!!!!

Was arrested on false charge of obtaining property by false pretenses. In jail 12 days, never saw judge,never taken to court. on 12th day found out my case was dismissed NO EVIDENCE 8 DAYS PRIOR. Twice each day a written request was made to guards and to SGT. in charge, to please contact my att. or to obtain my court date. Was ignored.

Can I sue? HUMAN RIGHTS VIOLATION?


Asked on 6/04/02, 5:51 pm

1 Answer from Attorneys
Paul Herzog Paul F. Herzog, Attorney-at-Law, P.A.

Re: Held in jail AFTER case was dismissed!!!!

It appears that you might have a civil suit against the county for it's failure to release you in a timely fashion; however, it also might be barred by a doctrine called "sovereign immunity," which limits the ability of citizens to sue the government.

This is really a question of civil rather than criminal law, even though your initial detention at the county jail was via criminal charges.

I highly recommend that you seek out an attorney who has substantial experience in suing the government for civil rights violations in or near the county in which you reside. He or she can give you much more detailed and comprehensive advice after sitting down with you and doing a thorough interview with you and an investigation of the circumstances of your case.

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Answered on 6/04/02, 7:32 pm


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