I was put on a ankle monitoring bracelet for 1 year and 2 months and given a curfew for something I didnt do. Skipping forward the charges have been dropped so my question is what now, I just went threw hell missed funerals, my family suffered, no work due to background check regarding this and or ankle bracelet, lots of my hair has fallen out do to increase stress and I basically just did 1 year on some form of house arrest and never committed a crime. Its been almost a month and Im grateful to get back out there but now I have this huge gap in employment I have to explain. And my picture home address and alleged offense is being held for ransom on internet sites like mugshots.com and so on. Can I sue for emotional distress loss of income and who do I go after the state or the person who
put these charges on me. All in all I feel as though they didnt need to convict me I just served time for a crime I didnt commit and I cant get that year back and the after math is enough to put the icing on the cake. name smeared on the net DNA pulled from me that Im sure will stay in the SYSTEM some where, my name and mugshot pics being held on the net and sold and I cant get them down unless I pay. Not being able to get work because Im looking like an armed robber now. And my resume has nothing but management and supervisor on it WHO'S going to hire me with this NON conviction but POSTED record thats going to cost money and time to get rid of. Im at a total lost and every where I go I just keep hearing get a lawyer sorry for the caps but I really need to know my legal rights involving this one ( and I want to also add I have always protested my innocence from day one never entertained a ple-bargain stated that Im ready for trail if charges werent dropped and never asked for one continuance)
If I understand, you were required to have electronic monitoring as a condition of your pretrial release? I am glad that your case was dismissed so you can get back to your life! As far as a civil law suit, your options are fairly limited. It is highly unlikely that you would be able to sue the State as almost anybody involved in the case as a law enforcement officer, attorney, or judicial official will have some form of personal immunity. There is a slim possibility that you might have a suit against a private individual for "malicious prosecution" if they were sufficiently involved in bringing the case against you. You would need to consult with a civil law attorney to see 1) whether you have a case, and 2) whether they would be willing to represent you. The reality is that even if you have somebody that you can sue, they may not have enough assets to make it worth your time, and I suspect that you would have to pay the lawyer for their time, as this does not sound like something that would be done on contingency.
No answer to these questions is intended to, nor does it, create an attorney-client relationship. There is no substitute for an actual conversation with a licensed attorney about the particular facts and circumstances of your case.
Those conditions were things you accepted as a condition of probation. You elected that. You could have gone to trial.
No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia
To prevail in a wrongful arrest, false imprisonment, and/or malicious prosecution case, you must have been acquitted on the merits. A dismissal is not sufficient. There are many reasons charges may be dismissed. Even an acquittal on the merits is not proof of innocence; it is merely a statement that the prosecution has not met its burden. However, the law recognizes an acquittal on the merits as the price of admission to these civil rights (section 1983) causes of action.
I am a co-author of WEITZ ON AUTOMOBILE LITIGATION: THE NO FAULT HANDBOOK. The opinions expressed in this answer are not intended to be taken as legal advice. These opinions are based on New York practice. I may be contacted at 212-553-9300.