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WHAT STEPS SHOULD ONE TAKE IN CASE OF WRONGFUL ARRESTS

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Wrongful convictions or miscarriage of justice cases are more common than one might think. Police make mistakes, and it’s a fact. Many a time, arrests are made due to lack of evidence or based on suspicions which may later turn out to be ineffective. Police are also known to arrest people from black and brown communities more so compared to white populations. The racist mindset of police often leads to wrongful arrests. 

Timothy Atkins when behind the bar, he was only 17 for a crime he did not commit. He was released 23 years later from jail when the key witness of the crime declares that he only named Atkins because the police told her to do so. These innocent victims spend most of their lives in jail for a crime they did not even commit. Continue reading this article to know what is to be done to get someone out of jail when they are wrongfully convicted. 

Right to Bail: When someone is arrested with a criminal charge, he or she is taken to the prison where they are supposed to stay until produced to the court for bail trial. Now, depending on the severity of the crime and one’s prior criminal record, the judge decides a bail amount for the defendant. One can walk out of jail freely by posting the bail amount to the court. It sounds easier than it actually is. 

  • A bail amount, set from a pre-determined bail schedule, can be several thousand dollars. Not everyone has that kind of money lying around, ready to post for bail. So, a defendant might feel as if his hands are tied. If he cannot come up with the sum, he must wait inside the prison until his trial, which can be weeks or months from the initial arrests. 
  • California law has introduced a new rule that helps the defendant get bail even if he is not financially well-off. Bail bonds San Diego helps a defendant get out of jail by posting bail on his behalf. The bail firm takes a fee of ten percent of the whole bail amount. These reputed bail firms play a vital role in getting a defendant out of jail in their moment of crisis. 

Prepare for the trial: Once the defendant is out of jail, he must prepare for the upcoming trial. The war is far from over yet, so one must be very meticulous when it comes to gathering proofs for the hearing. Engaging an experienced lawyer is mandatory, as legal help is the only way to get out of this mess. 

Compensation: A person wrongfully convicted can press charges against the authorities for compensation. Legal professionals will have more knowledge about the issues as they deal with such instances on a regular basis. Filing a lawsuit as soon as possible provides one with the opportunity to get better compensations. California penal code 4900, passed in 2000, talks about compensation terms of wrongfully convicted. For each day a man spends behind the bar, for wrongful convictions, he will receive a $100 and for a year $36,500. The amount is not much, but people like Timothy Atkins, who find themselves in a difficult situation after getting out of prison, not knowing the new way of the world, need this compensation to carry on with their lives. 

Anita Begay

The author Anita Begay