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- Trying to find a Lawyer to represent a criminal civil matter of wrongfully jailed for 6 days. Is it worth it?

Richmond, KY |

a summons was suppose to be issued, yet it was confused with a warrant & person was Wrongfully jailed for 6 days. Got this info to the Prosecutor, who spoke with the Judge who called the jail & demanded the person's release & was suggested to find a Lawyer for this matter. The ones the person has called in Richmond, all say she has a great case but due to conflict of interest, they cannot take her case. She has limited resourses & asked if I could help, so I came here. Three Forks regional jail, Owsley county KY

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Attorney answers 3

Posted

It is certainly worth chatting with a KY civil rights attorney. Your friend should contact several and take advantage of any free consultations. She can find an attorney by contacting the KY state (or her county) bar association and requesting referral to a civil rights attorney or she might try the avvo 'find a lawyer' tab to locate one near her.

NOT LEGAL ADVICE. FOR EDUCATION AND INFORMATION ONLY. Mr. Rafter is licensed to practice in the Commonwealth of Virginia and the US Federal Courts in Virginia. His answers to any Avvo question are rooted in general legal principles--NOT your specific state laws. There is no implied or actual attorney-client relationship arising from this education exchange. You should speak with an attorney licensed in your state, to whom you have provided all the facts before you take steps that may impact your legal rights. Mr. Rafter is under no obligation to answer subsequent emails or phone calls related to this matter.

Asker

Posted

Thank you for your time. I see if i can help her more by searching AVVO find a lawyer & also tell her to just continue going through the phone book as well. Again, thanks for your time, much appreciated!

Posted

You need to contact a lawyer in your area that practices plaintiff civil law, specifically civil rights litigation. Depending on the facts, you may run into a legal barrier of sovereign immunity being asserted by the prosecutor/ judge/ clerk of court/ jailer, etc. I assume all the powers that be will assert this was some type of clerical error and not an intentional act. Even though you have compensatory damages, your difficulty will be in allocation of liability and whether or not the responsible party/ parties will admit liability or defend on sovereign immunity.

Here is a link to the Kentucky Association of Criminal Defense Lawyers in your area: www.kacdl.net

I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this response on the avvo website. I have not been retained to represent you. I am licensed to practice law in Kentucky and in federal court in this state and the Southern District of Indiana. You need to seek legal advice from an attorney licensed to practice in your area..

Frank Mascagni III

Frank Mascagni III

Posted

I edited the practice area from CRIMINAL LAW to CIVIL RIGHTS so maybe other lawyers that practice plaintiff civil law will respond.

Posted

To answer your question, yes--it could very well be worth it. Also, it can be inconvenient and frustrating when you can't find a local attorney. However, especially with civil rights cases, it sometimes helps to consider attorneys outside of your city/town. I'm not familiar with Richmond, and its surrounding towns, but start looking for an attorney in a bordering metropolitan city. You can do so by contacting that city/county's local bar association and/or by using Avvo's "Find a Lawyer" tool above.

Ms. Berjis is licensed to practice law in the State of California. The laws of your jurisdiction may differ and thus this answer is for informational and educational purposes only and is not to be considered as legal advice. Since all facts are not addressed in the question, this answer could change depending on other significant and important facts. This answer in no way constitutes an attorney-client relationship.