Do I have restitution rights

[scuzman00]

What is the name of your state? Texas

I was arrested last August for possession with intent to distribute. Bail was set at 3 million $. I spent 6 months in county jail till my court date was set. I had witnesses and factual evidence that placed me in another location 10 miles away from where the police said that they saw "me" transfer the drugs to another party. The assistant DA was adamant in prosecuting me, although she had no evidence to substantiate her's and the police's charge. Meanwhile I spent 80K in defense costs. Just before the case (1day) was to go before the judge, the assistant DA told the judge that she did not have enough evidence to prosecute me and was dismissing the charges. She then stated that if any evidence that came up in the future linked me to the case she would have me re-arrested.

Because of her vindictive attempt to prosecute me, then dismiss the charges, do I have any recourse to counter-sue the DA's office, police or any other entity to recoup the monies I have spent to defend myself??

 

[CdwJava]

Apparently the witnesses and "factual evidence" was not so compelling as to cause the case to be dismissed early on. Evidence is arguable. And no DA is going to drop a case until he or she has had a chance to look into the alibi and determine its strength.

If you were booked on $3 million bail, and had to spend $80,000 on attorneys, they must have thought they had a serious player. Of course they weren't just going to sit down and go away because you had a couple people say they saw you, or some evidence putting you elsewhere. My guess is they looked into the alibi to determine its strength before they dismissed the case ... for now.

Unless the prosecution pursued a case where they had NO evidence and KNEW you were not guilty of the crimes alleged, you likely don't have much of a case. If the arrest was sustained by probable cause, a judge agreed there was sufficient cause to support the arrest and set bail, and it apparently made its way through the arraignment and/or the preliminary hearing stage, I'm thinking it may not be an easy road to sue the DA's office. Not to mention that DAs are generally immune from suits arising from the performance of their duty.

If you have no already done so, you need to consult an attorney that specializes in this sort of thing. Hopefully you get one that will give you the straight scoop and not ask you for another five-figure amount and then cross his fingers. If the attorney offers to take the case on contingency, you might have a winner ... if he asks for cash up front, consider licking your wounds and going home.

- Carl

 

[ceara19]

What is the name of your state? Texas

I was arrested last August for possession with intent to distribute. Bail was set at 3 million $. I spent 6 months in county jail till my court date was set. I had witnesses and factual evidence that placed me in another location 10 miles away from where the police said that they saw "me" transfer the drugs to another party. The assistant DA was adamant in prosecuting me, although she had no evidence to substantiate her's and the police's charge. Meanwhile I spent 80K in defense costs. Just before the case (1day) was to go before the judge, the assistant DA told the judge that she did not have enough evidence to prosecute me and was dismissing the charges. She then stated that if any evidence that came up in the future linked me to the case she would have me re-arrested.

Because of her vindictive attempt to prosecute me, then dismiss the charges, do I have any recourse to counter-sue the DA's office, police or any other entity to recoup the monies I have spent to defend myself??

What legitimate industry are you in that affords you the means to spend $80,000 on your legal defense for bogus charges?

 

[CdwJava]

What legitimate industry are you in that affords you the means to spend $80,000 on your legal defense for bogus charges?

I was wondering the same thing. $80,000 BEFORE trial?!?

And to be able to post a bond for $3 million?!?

It must have been a heck of a case against him!

Or, those billable hours were a tad ... er ... exaggerated?

- Carl

 

[weenor]

I was wondering the same thing. $80,000 BEFORE trial?!?

And to be able to post a bond for $3 million?!?

It must have been a heck of a case against him!

Or, those billable hours were a tad ... er ... exaggerated?

- Carl

He apparently was being defended by Jerry Spence or Gloria Allred.

 

[CdwJava]

He apparently was being defended by Jerry Spence or Gloria Allred.

What? They don't do this stuff pro bono? I'm shocked!

- Carl

 

[weenor]

What? They don't do this stuff pro bono? I'm shocked!

- Carl

pro what? Doesn't that mean free? I've been out of law school too long.

 

[ceara19]

pro what? Doesn't that mean free? I've been out of law school too long.

I though they stopped teaching that in law school back in the 80's.

 

[garrula lingua]

I don't think he posted the bond for 3 mil - he sat in jail for 6 months.

(BTW, I hear Garagos charges 50K, upfront, for a MISDEMEANOR.)

OP: You had an odd atty who delayed (or allowed the delay) your trial for 6 months.

You had the right to a speedy trial - you had to waive that right to wait 6 months.
That is a favorite thing for defense attys to do, when they're hoping the Prosecutor will lose a pivotal witness at time of trial. Did the D.A. lose a witness ?

 

[ceara19]

I don't think he posted the bond for 3 mil - he sat in jail for 6 months.

(BTW, I hear Garagos charges 50K, upfront, for a MISDEMEANOR.)

OP: You had an odd atty who delayed (or allowed the delay) your trial for 6 months.

You had the right to a speedy trial - you had to waive that right to wait 6 months.
That is a favorite thing for defense attys to do, when they're hoping the Prosecutor will lose a pivotal witness at time of trial. Did the D.A. lose a witness ?

Which still brings us back to, what kind of LEGITIMATE work would the average person be involved with that would afford them the ability to spend $80K while they are out of work for 6 months?

 

[AHA]

Which still brings us back to, what kind of LEGITIMATE work would the average person be involved with that would afford them the ability to spend $80K while they are out of work for 6 months?

Being a drug dealer pays well apparently. Hopefully no kids are involved or spawned.