I was accused of theft and wrongfully detained and released for lack of jurisdiction. Can I be compensated?

Asked 11 months ago - Dallas, TX

A Walmart employee (security) held me against my will because she thought I had committed a crime in their store such as shoplifting. Called the police and had me arrested without any evidence, just on the word of the retail employee alone. I sit in jail for 6 months and after picking to start trial, the prosecutor dismissed the charges because she (the prosecutor) said that they did not have jurisdiction. Am I entitled to compensation for wrongful detention

Attorney answers (2)

  1. JaPaula C Kemp

    Pro

    Contributor Level 16

    1

    Lawyer agrees

    Answered . Lack of jurisdiction is more a technicality. An attorney would need to know whether you were actually innocent and being maliciously prosecuted or whether there was some type of false imprisonment that occurred. You need to call and consult with a lawyer. If you do not know where to start, try here on AVVO. Many will give you a free consultation.

    The information provided is not advice but a legal perspective and you should schedule a consultation with the... more
  2. Wayne Allen Fowler

    Contributor Level 11

    1

    Lawyer agrees

    Answered . You are not wrongfully detained because of a lack of jurisdiction. I am assuming that you were unable to post bond (because it was too high for you to post?). Is that why you were in jail for 6 months? We need more facts if we are going to be anything but general, but you can bet that if you are able to file a civil case that the other side will claim that they are protected from liability by the so-called Shopkeeper's Rule. A good civil attorney may be able to give you a consultation to better determine the course of action you could take.

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