Wrongfully Imprisoned due to Court Error

[glin89]

The Golden State, California

On July 22, I went to probation court in San Jose, which serves Santa Clara County. I believed I was going to a review hearing but much to my surprise I got remanded for a probation violation which I was charged and served time for back in May. I told the judge this fact, however I was still remanded, my court date set out 35 days, and the judge told me he was going to push for 2 years CDC for my violation.

During the time I was incarcerated I lost my job of 6 months, and turned 21, which caused me to become suicidal and I was checked by mental health.

On August 26, I went back to court, where my public defender told me that she didn't know why I was even in jail, her records showed I had already plead to the violation of probation May 25. When I went before the judge, he told me that "I really wanted to push for 2 years in your case, but due to a clerical error I am unable to and must order you released on this matter. However I will remember you if you ever come in my courtroom again".

So now I am without a job, still coping with mental anguish from the wrongful imprisonment and missing my 21st birthday. I have called every lawyer on the Santa Clara BAR association however I cannot many lawyers who will take wrongful imprisonment cases and those who will say that my period of imprisonment is not significant enough.

I am wondering if there is anyway I can file a suit against the county myself, and hopefully get compensation for the time I spent in jail and unemployment or some type of aid, at the very least.

I appreciate any help you may have

 

[Antigone*]

The Golden State, California

On July 22, I went to probation court in San Jose, which serves Santa Clara County. I believed I was going to a review hearing but much to my surprise I got remanded for a probation violation which I was charged and served time for back in May. I told the judge this fact, however I was still remanded, my court date set out 35 days, and the judge told me he was going to push for 2 years CDC for my violation.

During the time I was incarcerated I lost my job of 6 months, and turned 21, which caused me to become suicidal and I was checked by mental health.

On August 26, I went back to court, where my public defender told me that she didn't know why I was even in jail, her records showed I had already plead to the violation of probation May 25. When I went before the judge, he told me that "I really wanted to push for 2 years in your case, but due to a clerical error I am unable to and must order you released on this matter. However I will remember you if you ever come in my courtroom again".

So now I am without a job, still coping with mental anguish from the wrongful imprisonment and missing my 21st birthday. I have called every lawyer on the Santa Clara BAR association however I cannot many lawyers who will take wrongful imprisonment cases and those who will say that my period of imprisonment is not significant enough.

I am wondering if there is anyway I can file a suit against the county myself, and hopefully get compensation for the time I spent in jail and unemployment or some type of aid, at the very least.

I appreciate any help you may have

You can certainly do this pro se. I suggest you spend a lot of time in the local library and learning about the rules of civil procedure.

Oh, you do know that what happened to you is your own fault right, so the person you need to sue is the person who is looking back at you in the mirror.

 

[glin89]

You can certainly do this pro se. I suggest you spend a lot of time in the local library and learning about the rules of civil procedure.

Oh, you do know that what happened to you is your own fault right, so the person you need to sue is the person who is looking back at you in the mirror.

No dont really see how this is my fault, I talked to my probation officer who also suggested I look for an attorney

 

[stealth2]

The Golden State, California

On July 22, I went to probation court in San Jose, which serves Santa Clara County. I believed I was going to a review hearing but much to my surprise I got remanded for a probation violation which I was charged and served time for back in May. I told the judge this fact, however I was still remanded, my court date set out 35 days, and the judge told me he was going to push for 2 years CDC for my violation.

During the time I was incarcerated I lost my job of 6 months, and turned 21, which caused me to become suicidal and I was checked by mental health.

On August 26, I went back to court, where my public defender told me that she didn't know why I was even in jail, her records showed I had already plead to the violation of probation May 25. When I went before the judge, he told me that "I really wanted to push for 2 years in your case, but due to a clerical error I am unable to and must order you released on this matter. However I will remember you if you ever come in my courtroom again".

So now I am without a job, still coping with mental anguish from the wrongful imprisonment and missing my 21st birthday. I have called every lawyer on the Santa Clara BAR association however I cannot many lawyers who will take wrongful imprisonment cases and those who will say that my period of imprisonment is not significant enough.

I am wondering if there is anyway I can file a suit against the county myself, and hopefully get compensation for the time I spent in jail and unemployment or some type of aid, at the very least.

I appreciate any help you may have

So you admit violating probation. Why was your incarceration in error again? That's not a wildly inappropriate consequence.

As for "missing" your 21st birthday? You didn't miss it - you still turned 21. No one is going to compensate you for not being able to go out and get boozed up on "the day".