Wrongful Convictions Lawyers in Chicago & DuPage County
When police arrest and prosecute someone for a crime, they need probable cause to do so. Unfortunately, false arrests, malicious criminal prosecution and wrongful convictions still occur each year. Innocent people spend months or even years in jail for crimes they did not commit.
Our firm has a proven track record of successfully representing the victims of false arrest, malicious prosecution and wrongful conviction. At Dvorak Law Offices, LLC., our attorneys pursue false arrest and wrongful conviction compensation for clients throughout Illinois and the Chicagoland area. We have many years of experience advocating for victims of rights abuses and a national reputation for highly successful litigation strategies and substantial recoveries on behalf of our clients.
Arrested On A Wrongful Conviction & Found Guilty
It can happen to anyone, especially if your case was not adequately defended to begin with. Our firm can independently investigate your case, collaborate with leading experts to build a strong case for your release and eventual civil lawsuit, and protect your rights throughout the process.
You are not alone in this fight and regardless of the length of your imprisonment, you have the right to sue for damages and lost time if you were falsely arrested and wrongfully convicted. Do not let police officers, prosecuting lawyers or prison personnel intimidate you. The Dvorak Law Offices, LLC., will ensure that you are not retaliated against if you have a case.
Overturning a Wrongful Conviction
Challenging a conviction can involve a number of complex procedures and may require criminal, civil, or administrative proceedings in state and federal courts. Any experienced Illinois wrongful conviction attorney knows that procedural decisions can play a strong role in any challenge to a conviction. Most criminal convictions are entered in state courts, the first step to challenging a conviction generally consists of petitioning the appropriate state appellate court. If state appellate procedures if been exhausted and the conviction still stands, a defendant, with the help of a wrongful conviction lawyers, may petition for a writ of habeas corpus. This process allows a defendant to challenge a conviction on Constitutional grounds in federal court.
Receiving Compensation for a Wrongful Conviction
The battle does not end once a conviction has been overturned. In many wrongful conviction cases, the defendant may be entitled to financial compensation. In order to receive financial compensation, an individual must file a separate civil action. This action is a civil action that alleges wrongful conduct on the part of some state actor violated the constitutional rights of the plaintiff. These cases involve complex issues of state & federal law. The plaintiff, with the help of a wrongful conviction attorneys,, generally must show that a reasonable person would understand the state actor’s misconduct violated clearly established law. This misconduct may include suppression of exculpatory evidence, fabrication of evidence, reliance on erroneous testimony, obtaining confessions through torture, and other illegal acts. You may be entitled to compensation for medical expenses, lost wages, and emotional and physical pain and suffering. You may also be entitled to punitive damages, which are additional damages intended to punish those responsible and prevent them from harming others.