I was charged with a misdemeanor charge and incarcerated without formal booking or arraignment. My first court date, a month later, was adjourned without me seeing the judge. I was denied bail for 2 months without seeing the judge. Finally I was arraigned and given bail after 2 months. In this time I lost my job and apartment. Can I sue the city for mishandling my case?
More facts are needed. How could you have been incarcerated without seeing a judge?
Consult with a civil rights lawyer as you need to serve a Notice of Claim within 90 days of the incident or your release.
I am a former federal and State prosecutor and have been handling criminal defense and personal injury cases for over 18 years. The above answer, and any follow up comments or emails, is for informational purposes only and not meant as legal advice.
You sure could if what you claim really happened. In NYC you get to see the judge within 24-36 hours unless you are hospitalized. Thirty days sounds like you were committed for psychiatric evaluation, which only happens after seeing the judge.
Any response I provide is meant as a general view on the subject and is no way intended to be specific legal advice to any individual. If you wish specific advice, you should hire and consult with an attorney of your choosing.
In New York, a suspect or an arrested person must be arraigned or brought before a Judge within 24 hours of his or her arrest, unless exigent circumstances exist. Could be a few hours longer due to a clog in the system. You may have a case, if the facts of your case are as you say they are. You should contact a civil rights attorney to represent you. NOC 90 days.
I don't know why this question is in the "Maritime" category. I am reclassifying it as "Civil Rights."
Sounds like there is a lot more to this story, so have a local lawyer investigate. Avvo has a great lawyer finder tool to locate an attorney close to your home. Good luck.
You cannot sue the Judge for denying you bail. That said, you may be able to sue based on false arrest, depending on whether you're victorious in your criminal court case. Schedule a consult with a NYC Civil Rights attorney for a full assessment.
* If you found my answer to be "HELPFUL," or the "BEST ANSWER," please feel free to mark it accordingly.
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline