I spent 18 months in jail after being wrongfully convicted. I won my case on appeal. Now I am out of jail. Can I get money?

charged with robbery, then they added a lesser of larceny.......i took stand and it was clear we were going to win. after i got off the stand over our objections they added theft by falsae pretences to. i was convicted. appeals court reversed conviction because tfp is not a lesser to robbery and i was never put on notice. so i am out of jail but lost my business and 18 months of my life....

San Diego, CA -

Attorney Answers (5)

William Peter Daley

William Peter Daley

Criminal Defense Attorney - San Diego, CA
Answered

I added Civil Rights and Government Misconduct to your inquiry as these are more likely areas where you'll find an attorney who can give you better information. Good luck!

I will be happy to speak with you at no cost with a FREE phone consultation if you have a San Diego or California... more
Jay Scott Finnecy

Jay Scott Finnecy

Criminal Defense Attorney - Vista, CA
Answered

Ask your trial attorney and/or the appellate attorney for a referral to a plaintiff's civil rights attorney. Good luck. Sorry to hear about what happened to you.

Law Offices of Jay S. Finnecy (619) 855-3003 or (760) 522-7006 criminalattorneysd.com
David Philip Shapiro

David Philip Shapiro

Criminal Defense Attorney - San Diego, CA
Answered

First pose this question to the attorneys who have worked on your case.

Good Luck!

Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555
Christine C McCall

Christine C McCall

Administrative Law Lawyer - Pasadena, CA
Answered

California's Victim Compensation and Government Claims Board, a three-person state administrative body, can award $100 a day for each day spent behind bars after a wrongful conviction.

Simply being exonerated by an appellate court isn’t enough to qualify for compensation. Claimants must prove three points to receive compensation: that they did not commit the crime or that the crime did not take place; that they did not intentionally contribute to their own arrest by “voluntarily” or “knowingly” pleading guilty to the crime; and that they experienced financial losses as a result of their incarceration. The process can take two years from the filing of the claim to the hearing. The Board must approve compensation claims before they are sent to the state Legislature for a final vote.

Fewer than 10% of the people who have filed such claims have been awarded compensation.

No legal advice here. READ THIS BEFORE you contact me! My responses to questions on Avvo are never intended... more
Daniel Martin Smith

Daniel Martin Smith

Criminal Defense Attorney - Chula Vista, CA
Answered

The typical answer is to contact your attorney. Not so much help.

I believe the correct answer is that unless your victory on appeal can support a motion for a determination of factual innocence, any recovery from the State is improbable.

I hope that makes some sense to you. It should help you "ask your lawyer"

Good luck,

Daniel Smith

This information is given for legal education only. It may not work for your specific situation. It is not legal... more

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