Skip to main content

Man getting named cleared after false imprisonment.?

Winston-salem, NC |

She claimed I strangled her, and regularly abused her, She caled the cops when I was not home, because I was out at the nabors asking for advice on what to do, sense she was abandoning the marrige for a man in indiana that had more money than me. As far as I can find there was no evidence to back up her story, just her word and a baligerent arresting officers word against mine.

Attorney Answers 1

Posted

When you say "imprisonment"; do you mean being arrested, but not convicted? Or convicted and having served a prision sentence for years? It makes a difference. If it is the time after the arrest and you still can fight the charge, then you have more remedies easily available to you. If it is post conviction, then it will be harder. Have you petitioned for Clemency to clear your name? Also, checking into whether North Carolina's criminal code provides for the equivilent of a civil Declartory Judgment action to have a finding of fact made as to the lack of evidence for your guilt. After getting a finding of fact that there was no basis, then you need to see what civil remedies are available to you for malicious prosecution or abuse of process in North Carolina. As I am often in Court call my assistant Dan London at 311-807-3990 to set up a private telephone consultation. At the consultation we can discuss the confidential details we need to craft a strategic plan. These details should no be broadcast over the Internet.

This is a general answer and does not address the specifics of your individual case. To give the specific answer you need our firm needs you to come in for a consultation.

Mark as helpful

1 lawyer agrees

13 comments

Asker

Posted

Forgive my poor choice in words, I was Jailed after being charged, had a bail that was to high for me to pay, but to low for any bonds man to want to pay. The judge wanted to give me 2.5 years to 6 years. My Public Defender fought for me to get Probation on the grounds of mental health and due to me being mistreated in the Jail by the correction officers.

Joseph Henry Sparacino

Joseph Henry Sparacino

Posted

The comment helps. It makes it clearer to say that you have a problem due to your guilty plea. The admission could block your claim, but North Carolina law needs to be checked on abuse of process and/or Malicious Prosecution.

Asker

Posted

I was when Jailed that if I did not take the plea bargain for probation they would hold me for over a year than sentence me for at least 2 years, even after the taking of the Plea, the judge tried to send me to prison saying in the court room. "Maybe it would do him good to be locked up." Last time I checked what they all pulled with me is Coercion. Furthermore, the court let my ex-wife leave the state and they did not issue her a summons either. Also I did not have a Jury it was just me a Prosecutor my defender and the Judge. Half of the time the Stenographer was not writing, The Judge who has been many times investigated for Judicial corruption would look at the Stenographer during my trial and he would stop writing at certain points.

Joseph Henry Sparacino

Joseph Henry Sparacino

Posted

Have you considered re-posting an improved version of this quesion as a Civil Rights claim question? That may be your best choice.

Asker

Posted

I tried the ACLU and the local office told me they don't take cases like that, because they can't be won here.

Joseph Henry Sparacino

Joseph Henry Sparacino

Posted

As it is in North Carolina; try the Southern Poverty Law Center in Atlanta.

Asker

Posted

I just want to know, is this even worth fighting anymore, or do I have something that can be won? And what is Southern Poverty Law Center, and if it is in Atlanta how can they help?

Joseph Henry Sparacino

Joseph Henry Sparacino

Posted

They help in a way similar to the ACLU but concentrate on cases in the South. As to the claim, you need to meet with someone who can get all the specifics and do the inital research on the elements of the case comparing facts and the elements to be proven.

Asker

Posted

How would I contact the Southern Poverty Law Center?

Joseph Henry Sparacino

Joseph Henry Sparacino

Posted

I appologize, they are in Montgomery, Albama and their phone number is 334-956-8200.

Asker

Posted

Ok, thank you, I'll give it a shot and keep you all posted if I need help here. Thank you.

Joseph Henry Sparacino

Joseph Henry Sparacino

Posted

I'll be waiting to hear.

Asker

Posted

It seems this is a type of case they do not take.

Personal injury topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics