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Trial Attorneys: Defendant Being Held in Jail thru trial, if determined not guilty?

Posted on 5/19/26 at 7:59 pm
Posted by Everyday Is Saturday
Member since Dec 2025
1618 posts
Posted on 5/19/26 at 7:59 pm
Context: Dodged jury selection today. Criminal case. Drug (Fentanyl) distribution.

Got my lack of legal experience / brain thinking. How does this work?

VERY serious charge (life sentence w/parole on line). So, I get the jail time to / thru trial. This dates back 3+ years that Defendant was in jail.

Hypothetical Question: if found to be not guilty of all charges, is Defendant compensated for 3+ years of loss of freedom? Or is it simply “tough titty” (my non LSAT vocabulary!).

PS, sense this is VERY doubtful in this case. Just spawned the thought. Curious how such a scenario (not guilty) is treated.
This post was edited on 5/19/26 at 8:00 pm
Posted by KosmoCramer
Member since Dec 2007
80534 posts
Posted on 5/19/26 at 8:01 pm to
You have to be exonerated to get compensation in most states is my understanding.

Essentially prove at a higher burden of proof than just Not Guilty.
Posted by UFFan
Planet earth, Milky Way Galaxy
Member since Aug 2016
3096 posts
Posted on 5/19/26 at 8:03 pm to
I’m not a trial attorney. But no a defendant who’s ultimately acquitted isn’t compensated for shite.

And jail (where you are before conviction) is considered to be worse than prison (where you are after conviction) by about 99% of people who have been in both jail and prison. (Just look at the Quora questions about this.) So they actually suffered more than people who were convicted and went to state prison but later had their convictions reversed. And those people do get compensated.
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
477263 posts
Posted on 5/19/26 at 8:04 pm to
quote:

Hypothetical Question: if found to be not guilty of all charges, is Defendant compensated for 3+ years of loss of freedom? Or is it simply “tough titty” (my non LSAT vocabulary!).


Tough titty

And that is fricked up and a part of the bail policy discussion many people just ignore.
Posted by Obtuse1
Westside Bodymore Yo
Member since Sep 2016
30527 posts
Posted on 5/19/26 at 8:04 pm to
I think the correct term as defined in Black's Law Dictionary, is "tough titty". It is explained in the holding in Tough shite v. Oh Well.

That excludes any possible civil claims like 1983 action etc.
This post was edited on 5/19/26 at 8:05 pm
Posted by SlowFlowPro
With populists, expect populism
Member since Jan 2004
477263 posts
Posted on 5/19/26 at 8:05 pm to
quote:

And jail (where you are before conviction) is considered to be worse than prison (where you are after conviction) by about 99% of people who have been in both jail and prison. (Just look at the Quora questions about this.) So they actually suffered more than people who were convicted and went to state prison but later had their convictions reversed..

Usually this is correct. Some local jails are hell on earth, especially in rural areas.
Posted by MMauler
Primary This RINO Traitor
Member since Jun 2013
24497 posts
Posted on 5/19/26 at 9:49 pm to
No compensation, however, if the prosecutors had an extremely poor case that had very little chance of succeeding, you can sue for malicious prosecution.
Posted by BregmansWheelbarrow
Member since Mar 2020
3270 posts
Posted on 5/19/26 at 10:59 pm to
I can tell you one thing. I knew some cops in Memphis and the Shelby county jail does not sound like a place I’d want to be for any amount of time…much less an extended period.
Posted by UptownJoeBrown
Baton Rouge
Member since Jul 2024
10019 posts
Posted on 5/20/26 at 1:26 am to
A defendant has the opportunity to get a probable cause hearing after arrest. If the judge determines there not probable cause to proceed to trial, the defendant is released. It’s kinda like a mini-trial but the State only has to prove probable cause and not beyond a reasonable doubt.
This post was edited on 5/20/26 at 1:28 am
Posted by Ghost of Colby
Alberta, overlooking B.C.
Member since Jan 2009
15669 posts
Posted on 5/20/26 at 1:38 am to
The sixth amendment guarantees the right to a speedy trial. The definition of “speedy” is a bit ambiguous, but I think six months is the max. Some states and federal courts are half that.

There are a lot of reasons a trial might take significantly longer, but somewhere along the way the defendant must waive his right to a speedy trial.
Posted by ned nederlander
Member since Dec 2012
5914 posts
Posted on 5/20/26 at 2:31 am to
quote:

And jail (where you are before conviction) is considered to be worse than prison (where you are after conviction) by about 99% of people who have been in both jail and prison.


Well if jail is so bad you are welcome to accept our plea offer, Mr. Technically Still Innocent.

I also just did criminal jury duty and the entire voir dire process was so fricked.

1. The jury is not involved in sentencing. The sentence shouldn’t even be part of the discussion. Whether you could render a guilty verdict that carries life was 80% of the voir dire.

2. Before knowing anything about the case, I learned where the prosecutor is from, who is parents are, why he moved to and loves New Orleans . . .

3. Why in the world do we need to spend 8 hours educating 100 people on reasonable doubt, justified homicide, and the second amendment. You have a random jury pool. Pick 14 names from that pool. Do you know anyone involved in this case or a compelling reason why you can’t serve. No, that’s the jury. We are all dumber for opening the floor to 100 clowns from New Orleans to wax philosophical and it did does not produce a better jury. It is an exercise is unnecessary lawyering and poisoning the jury.

4. To the verbose attorney who suggested he couldn’t be impartial because he defends cops . . . The judge should have disbarred you on the spot. You, an officer of the court, who stands upon a system based on impartially, can’t be impartial? Get fricked. I’d have picked you 10 times over the single moms with no childcare.
Posted by X123F45
Member since Apr 2015
29831 posts
Posted on 5/20/26 at 4:09 am to
A friend of mine was wrongfully accused of abuse by a partner. After he was arrested, she disappeared and refused to meet with police and ignored subpoenas. He remained in jail.

He got out, and just couldn't get his life back together.

Killed himself a few years later.

Every time I see the two officials responsible for him remaining in jail, I remind them he's dead and it's their fault.

frick em. I hope they burn in hell.
Posted by UptownJoeBrown
Baton Rouge
Member since Jul 2024
10019 posts
Posted on 5/20/26 at 6:10 am to
One thing most people don’t realize is you have to request a speedy trial. The State then can request additional time for whatever reason and the judge can grant or deny.
Posted by Indefatigable
Member since Jan 2019
37369 posts
Posted on 5/20/26 at 7:03 am to
quote:

if found to be not guilty of all charges, is Defendant compensated for 3+ years of loss of freedom?

Nope
Posted by Indefatigable
Member since Jan 2019
37369 posts
Posted on 5/20/26 at 7:04 am to
quote:

There are a lot of reasons a trial might take significantly longer, but somewhere along the way the defendant must waive his right to a speedy trial.

Kinda backwards. Defendant has to file a motion to invoke speedy trial. Otherwise the only time limit is prescription.
This post was edited on 5/20/26 at 7:05 am
Posted by csgau
On the dock of the Bay
Member since Jan 2014
709 posts
Posted on 5/20/26 at 7:12 am to
You have a random jury pool.

Jury system is horrible.
Posted by Indefatigable
Member since Jan 2019
37369 posts
Posted on 5/20/26 at 7:55 am to
quote:

The jury is not involved in sentencing. The sentence shouldn’t even be part of the discussion. Whether you could render a guilty verdict that carries life was 80% of the voir dire.

Life sentences/death penalty sentencing has to be presented to the jury.

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