I wondered if I had a case where my bail was 120, 000.00 for a crime in which no money exchanged hands. This was back in 2002.
I was arrested back in 2002 and my bond was 120,000.00. An associate at that time asked me for 10.00 and I gave it to her. When it came time to pay ne back I went to get it only to find out that this woman was asking her neighbors for money when this lady told ne her neighbor was going to give her 20.00 next thing I know I'm arrested for a crime I did not commit. I spent 12 horrible days in jail because my bail was so high my husband had to sell my jewelery and our brand new washer and drier just to hire a lawyer to get my bond dropped. Well it was still high when it was dropped! 7500.00. My husband then had to promise a bondsman who was well known the money to get me out. I then had to go to court for 10 months to prove my innocence and after 10 months case was dropped. I asked no one for money neither did any money exchanged hands. I knew then my 8th amendment was violated. I did not look to sue then because my father in law was a Deputy Sheriff but hes retired as of this year and I want to know if I have a case? I would like to tell it in detail but its too long.
2 attorney answers
This is a personal injury case if there is a basis for a lawsuit at all. Therefore, it would be subject to a Statute of Limitations as are all Personal Injury cases. So, from what you say you are well past the time line for any form of lawsuit.
In addition, just as an aside and without any judgment, it is not necessarily actionable to sue the state for criminal charges even if the jury finds the defendant Not Guilty or the State ultimately dismisses the case. I am not commenting you your situation because in my opinion you cannot sue anyway due to the Limitations.
Finally, just a note for your benefit. If you filed a lawsuit that is as old as this one is the court might find it to be frivolous and award the other party their fees and costs. The result would be two harms to you instead of the one from 2002.