While many people think of the penalties that accompany a conviction, you may not think of the collateral consequences. Ex-convicts are often unable to find an apartment, suitable employment, or own a gun. Former convicts may lose visitation rights and suffer a tarnished reputation, causing them to be exiled within the community. These punishments are only exacerbated when someone is found guilty of a crime they did not commit.
At Mueller Law Firm, our Michigan wrongful conviction lawyer seeks justice on behalf of those who have wrongfully spent time behind bars. If you or someone you love has been the victim of a wrongful conviction, we want to hear from you.
Years Behind Bars Cannot Be Recovered
According to the National Registry of Exonerations, more than 3,800 people have been exonerated due to wrongful convictions since 1989. This equals almost 36,000 years lost to wrongful convictions, which these individuals can never regain. Wrongfully convicted individuals are unable to provide for their families, see their children grow up, or progress in their careers. Police officers and the prosecution should be held responsible for the damaging choices they make.
Psychological Trauma
Wrongful convictions have been shown to lead to post-traumatic stress disorder (PTSD), anxiety, and depression. Increased rates of PTSD were shown in people who were not just convicted but also charged or accused of a crime. Mental disorders often present when defendants are released from prison and forced to reintegrate into society. The hardship of finding a job, a place to live, or advancing in their career can lead even the most mentally stable individuals to feel a sense of defeat. Symptoms of PTSD often include nightmares, flashbacks, and avoidance.
The Real Culprit is Still at Large
Factual innocence can be difficult to prove, especially if there is an eyewitness placing you at the scene of the crime. However, eyewitness identification has a high error rate, with even the most confident witnesses misidentifying a suspect a significant percentage of the time, often in police lineups. When police rely on eyewitness identification, the true culprit remains in the community. Although there is no denying the impact that a wrongful conviction has on the victim, it places society in danger.
Legal Recourse
Seeking Exoneration
By being exonerated, your record will be cleared. If you have been wrongfully convicted, you need to gather evidence that shows that you did not commit the offense. This may involve new evidence that came to light or evidence of prosecutorial or police misconduct. For example, evidence that was gathered due to an illegal search and seizure cannot be used during prosecution.
Proving that your Fourth Amendment rights were violated can be more challenging as significant time passes, requiring a keen eye to detail. Identifying whether video evidence or documentation is needed and how to locate it is best left to the skills of our experienced wrongful conviction lawyer.
Monetary Damages
Recovering compensation for a wrongful conviction will involve filing a civil suit against the government. Under the Wrongful Imprisonment Compensation Act, wrongfully convicted individuals are entitled to $50,000 per year of time served, plus attorney fees and court costs. Additionally, you may be able to recover the restitution you paid the victim. If you want to learn about your legal options, do not hesitate to contact our Michigan wrongful conviction attorney.
Innocent? Contact Our Michigan Wrongful Conviction Lawyer Today
Sadly, there is no undoing the years you spent in prison for a crime someone else committed. If you have served time for a crime that you did not commit, you need to speak with our Michigan wrongful conviction attorney. At Mueller Law Firm, we seek to help individuals understand how to make the justice system work in their favor. To schedule your free initial consultation, contact us online or by phone today.