Tulsa Wrongful Incarceration Lawyers
Enforcing Wrongful Arrest Laws Throughout Oklahoma
Police officers and other law enforcement officials are responsible for treating suspects and individuals accused of crimes reasonably. The wrongful incarceration of citizens violates the 4th Amendment to the U.S. Constitution, whether locking up a person for a crime they did not commit or treating that suspect poorly while in confinement.
The emotional, financial, and social toll of wrongful incarceration is immeasurable. At Brewster & De Angelis, we believe no one should endure the devastating consequences of being imprisoned for a crime they did not commit.
At Brewster & De Angelis, our experienced civil rights attorneys can represent you or someone you love during or after a period of wrongful incarceration. You must know your rights and what options you have to pursue compensation from those who have violated those rights. Our Tulsa wrongful incarceration lawyers can provide the knowledgeable advice and answers you deserve.
We are dedicated to seeking justice for those who have been wrongfully convicted. Whether it’s fighting for compensation, clearing your name, or holding responsible parties accountable, we are here to guide you through every step of the process with expertise and compassion.
Call Brewster & De Angelis today at (918) 742-2021 or contact us online to schedule a FREE consultation with a wrongful incarceration attorney near you!
What Is Wrongful Incarceration?
Wrongful incarceration occurs when someone is convicted and imprisoned for a crime they did not commit. These miscarriages of justice can stem from various causes, including:
- False or Coerced Confessions
- Mistaken Eyewitness Identification
- Prosecutorial Misconduct
- Ineffective Legal Representation
- Improper Forensic Evidence or Testing
- Police Misconduct
- Suppression of Exculpatory Evidence
Such cases not only devastate the lives of the wrongfully accused but also erode public trust in the justice system. Our Tulsa wrongful conviction lawyer is committed to ensuring that the victims of these injustices receive the legal support and compensation they deserve.
False Arrest & Imprisonment in Oklahoma
Any time a person is deprived of liberty, it is significant. Sometimes, however, innocent people do not have their innocence proven until they have been incarcerated for years. In other cases, false imprisonment is for only a short period but still can cause harm for the victim.
Proving false arrest or imprisonment by law enforcement officials, store owners, or other individuals is difficult and requires a Tulsa wrongful conviction attorney who understands the laws in Oklahoma. It may be possible for the victims of wrongful incarceration and illegal arrest to pursue compensation for physical injuries, mental suffering, loss of earnings, and attorneys’ fees.
Punitive damages may also be sought in cases involving malice or the excessive use of force.
Understanding Oklahoma’s Wrongful Incarceration Laws
Oklahoma has taken steps to address wrongful convictions, including implementing compensation laws to aid exonerees. However, navigating these legal frameworks can be complex.
Eligibility for Compensation
Under Oklahoma law, wrongfully incarcerated individuals may be eligible for compensation if:
- They were pardoned based on innocence or had their conviction reversed or vacated.
- They can prove they did not commit the crime for which they were convicted.
Compensation Limits
Exonerees may be entitled to financial compensation for every year spent in prison. While this compensation provides some relief, it does not account for the immense personal losses endured.
Filing a Wrongful Incarceration Claim
Claims must be filed within specific deadlines and require extensive documentation. Our experienced Tulsa wrongful incarceration attorney can help ensure all requirements are met and deadlines are adhered to.
How We Help Victims of Wrongful Incarceration
At Brewster & De Angelis, we provide comprehensive legal representation to individuals and families affected by wrongful incarceration. Here’s how we can assist:
Post-Conviction Advocacy
We work diligently to investigate your case, uncover new evidence, and file appeals or petitions for post-conviction relief. Whether through DNA testing, witness recantations, or exposing legal errors, we aim to overturn wrongful convictions.
Civil Rights Claims
If your wrongful incarceration resulted from police misconduct, prosecutorial violations, or other civil rights breaches, we can pursue legal action against the responsible parties.
Compensation Claims
Oklahoma law provides mechanisms for wrongfully convicted individuals to seek financial compensation for the time they spent incarcerated. Our attorneys will fight to secure the maximum compensation available for your case.
Record Expungement
Even after exoneration, a wrongful conviction can tarnish your reputation and hinder employment opportunities. We assist in expunging your record to help you rebuild your life.
Why Choose Brewster & De Angelis?
- Deep Experience in Criminal Justice Cases: Our Tulsa wrongful incarceration attorney has decades of experience handling complex criminal and civil rights cases, including wrongful convictions in Oklahoma.
- Thorough Investigative Approach: Our team collaborates with forensic experts, investigators, and legal analysts to uncover new evidence and build compelling cases.
- Compassionate Advocacy: We understand the emotional toll of wrongful incarceration and are committed to supporting you and your family through this journey.
- Proven Track Record: Our Tulsa law firm has successfully overturned convictions and secured justice for clients in high-stakes cases.
Contact Our Wrongful Incarceration Attorney Today
If you believe that you, or someone you love, have been harmed by a wrongful arrest, conviction, or incarceration, it is in your best interest to talk with a lawyer as soon as possible.
Have you or someone you love been wrongfully arrested or imprisoned? Call Brewster & De Angelis today at (918) 742-2021 or contact us online to schedule a FREE consultation with our Tulsa wrongful incarceration attorney!
Wrongful Convictions faqs
What should I do if I believe I’ve been wrongfully convicted?
If you believe you’ve been wrongfully convicted:
- Hire an Experienced Attorney: Legal representation is critical for reviewing your case and identifying potential grounds for appeal or exoneration.
- Preserve Evidence: Keep all documentation related to your case, including court records, witness statements, and trial transcripts.
- Act Quickly: There are deadlines for filing appeals and compensation claims, so it’s essential to act promptly.
How can wrongful convictions be overturned?
Wrongful convictions can be challenged through several legal avenues, such as:
- Appeals: Challenging legal errors made during the trial.
- Post-Conviction Relief: Introducing new evidence, such as DNA testing, that proves innocence.
- Habeas Corpus Petitions: Challenging the legality of your detention.
- Clemency or Pardons: Seeking relief through the governor’s office in cases where procedural options are exhausted.
Can I sue for damages if I’ve been wrongfully incarcerated?
Yes, you may be able to sue for damages if your wrongful incarceration resulted from:
- Police Misconduct: Fabrication of evidence, coercion, or other illegal actions.
- Prosecutorial Misconduct: Failure to disclose exculpatory evidence or presenting false evidence.
- Civil Rights Violations: Breaches of your constitutional rights, such as due process violations.
These lawsuits can result in compensation for lost wages, emotional distress, and other damages.
What kind of compensation is available for wrongful incarceration in Oklahoma?
Oklahoma exonerees may be eligible for:
- Statutory Compensation: A set amount per year of wrongful imprisonment.
- Civil Lawsuits: Additional damages for emotional distress, reputational harm, and loss of opportunities.
An experienced attorney can help you pursue all available compensation avenues.
What role does new evidence play in wrongful conviction cases?
New evidence can be pivotal in overturning wrongful convictions. Examples include:
- DNA Testing: Excluding the accused as the perpetrator.
- Witness Recantations: Statements from witnesses who previously testified against you but now admit their testimony was false or coerced.
- Improper Forensic Evidence: Identifying errors or bias in forensic testing that led to your conviction.
How long does it take to resolve a wrongful conviction case?
The timeline for resolving wrongful conviction cases varies widely depending on factors such as:
- The availability of new evidence.
- The complexity of the legal issues involved.
- Court schedules and procedural requirements.
