Your criminal conviction has been overturned. Regardless, you can’t get back the time you spent in prison due to your wrongful conviction. However, you can partner with a wrongful conviction lawyer in Canal Winchester who can seek compensatory damages for you. Your attorney can get money from those responsible for your injustice.
The award-winning attorneys at Cooper Elliott take on the challenging, high-stakes cases that demand exceptional legal skill and relentless advocacy. We’ve served hundreds of clients, recovering over $700 million in compensation for them.
Trust us to assist you with your wrongful conviction case. Discuss your case with a civil rights lawyer in Canal Winchester.
Why Hire a Wrongful Conviction Lawyer?
Your wrongful conviction attorney in Canal Winchester will share FAQs and other legal resources with you. They will teach you about your legal rights and how to secure compensatory damages as part of a wrongful conviction claim. If you have legal concerns at any point during your case proceedings, your lawyer will address them promptly.
Along with these things, your lawyer will investigate your case. They will get to the root of your wrongful conviction and how it has affected you. Next, they will search for evidence to prove that you deserve compensation for your wrongful conviction in Ohio.
At Cooper Elliott, we get results for those involved in civil rights cases and many others. Our team has extensive experience. We will use what we know to achieve the outcome you want in your wrongful conviction case. To learn more, request a case consultation.
For a free legal consultation with a wrongful convictions lawyer serving Canal Winchester, call (614) 481-6000
Who Can File a Claim for Compensation After a Wrongful Conviction?
Per Ohio Revised Code (ORC) Section 2743.48, you are required to meet certain criteria before you can get compensation from the state following a wrongful imprisonment determination.
Your Canal Winchester wrongful conviction lawyer can explain these criteria, which are:
- You were charged with and found guilty of a felony, aggravated felony, or misdemeanor, and you were sentenced to and served a period of imprisonment in a state correctional institution.
- You did not plead guilty to the original charge or any lesser-included offense. You must have been convicted at trial.
- Your conviction was subsequently vacated, dismissed, or reversed on appeal.
- The prosecutor has either stated they will not retry your case, or they have failed to initiate a new criminal proceeding against you within one year of the conviction reversal.
- Your case was overturned either because it was determined you did not commit the offense or because a procedural error (such as a Brady violation or other unconstitutional action) led to your release.
- You must provide proof that your conviction was not obtained through your own misconduct (such as committing perjury or manufacturing false evidence). The only exception is if a false statement or confession was procured by threat, coercion, or duress from law enforcement.
Those eligible to file a statutory claim for compensation generally have two years from the date the final order vacating the conviction is issued to request compensation from the Ohio Court of Claims.
Speak with a civil rights attorney if you’re unsure whether you have grounds for a wrongful conviction claim. Your attorney will let you know if you are eligible to submit a claim after your wrongful conviction and, if so, what your case may be worth.
Canal Winchester Wrongful Convictions Lawyer Near Me (614) 481-6000
How Much Money Can You Get in a Wrongful Conviction Case in Canal Winchester?
According to ORC Section 2743.48 and ORC Section 2743.49, Ohio provides a specific formula for determining how much money an exoneree can receive via a claim filed in the Court of Claims.
Exonerees are entitled to receive a sum of money that equals the total of the following amounts:
- Fixed Per–Year Compensation: For each full year of imprisonment, the exoneree is awarded a base amount. This figure is adjusted biennially (every two years) for inflation by the Ohio Auditor of State.
- Lost Wages and Earned Income: Compensation for any wages, salary, or other earned income that was directly lost as a result of the wrongful arrest, prosecution, conviction, and imprisonment.
- Court and Legal Fees: Reimbursement for all fines, court costs imposed and paid, and reasonable attorney’s fees and other expenses incurred in connection with the associated criminal proceedings and appeals.
- Reimbursement for Prison Costs: Compensation for certain cost debts the Department of Rehabilitation and Correction recovered from you while in custody, such as user fees for sick call visits, or the cost of housing and feeding.
Your Canal Winchester wrongful conviction attorney will calculate your damages. From here, they will build your case and put you in a great position to obtain compensation that serves you well moving forward.
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Our Wrongful Conviction Lawyers in Canal Winchester Are Committed to Achieving Your Vision of Justice
The past will not change, and your wrongful conviction will stay with you. Yet, you control how you respond to this injustice. Have wrongful conviction attorneys in Canal Winchester review your case.
Your lawyer will give you information about your legal options. If you decide to proceed with a claim, your attorney will represent and advocate for you every step of the way.
Cooper Elliott is prepared to fight for exonerees. To us, you’re not just another case. Our civil rights attorneys will learn about your wrongful conviction and the harm you have suffered because of it.
We will work hard to get you damages through a wrongful conviction claim. Contact us for more information.
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