If a victim wins a civil right case for spending over 1 year in jail.....etc, how much does he get $ per day from state of CA?

Asked almost 2 years ago - Los Angeles, CA

If a defendant wins a civil right case against the LAPS / the LA superior court , how much would he get per day from the state of CA according to the law ? besides other damages ?

Attorney answers (3)

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    Answered . The current rate is pegged at $100 day with the limitation that "The wrongfully convicted person must show he did not 'contribute to the bringing about of his arrest or conviction for the crime with which he was charged.' This provision may prevent people who falsely confessed or pled guilty from receiving compensation."

    The California Commission on the Fair Administration of Justice, a panel created to study the causes of wrongful convictions and suggest reforms to prevent and address injustice, has called for improvements in the state’s law compensating the wrongfully convicted to include reintegration services. The panel also recommended that the state increase its compensation from $36,500 per year of wrongful incarceration to the recommended federal level of $50,000 per year. A bill reflecting these recommendations is was considered by the state legislature in 2008 (AB 2937, Solorio).

    More info available from The Innocence Project.

    My responses to questions on Avvo are never intended as legal advice and must not be relied upon as legal advice.... more
  2. Answered . There is no answer to that.

  3. Answered . Never heard of LAPS, but you cannot win a case against the court as it is immune, at lest in this setting, from such a suit.
    No comment as to "other damages" as that would require a lot of speculation as to what entity or person(s) would be defendants and their potntial liability

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client... more
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