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Message
Trial Attorneys: Defendant Being Held in Jail thru trial, if determined not guilty?
Posted on 5/19/26 at 7:59 pm
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.
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 on 5/19/26 at 8:01 pm to Everyday Is Saturday
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.
Essentially prove at a higher burden of proof than just Not Guilty.
Posted on 5/19/26 at 8:03 pm to Everyday Is Saturday
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.
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 on 5/19/26 at 8:04 pm to Everyday Is Saturday
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 on 5/19/26 at 8:04 pm to Everyday Is Saturday
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.
That excludes any possible civil claims like 1983 action etc.
This post was edited on 5/19/26 at 8:05 pm
Posted on 5/19/26 at 8:05 pm to UFFan
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 on 5/19/26 at 9:49 pm to Everyday Is Saturday
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 on 5/19/26 at 10:59 pm to SlowFlowPro
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 on 5/20/26 at 1:26 am to Everyday Is Saturday
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 on 5/20/26 at 1:38 am to Everyday Is Saturday
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.
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 on 5/20/26 at 2:31 am to UFFan
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 on 5/20/26 at 4:09 am to Everyday Is Saturday
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.
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 on 5/20/26 at 6:10 am to Ghost of Colby
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 on 5/20/26 at 7:03 am to Everyday Is Saturday
quote:
if found to be not guilty of all charges, is Defendant compensated for 3+ years of loss of freedom?
Nope
Posted on 5/20/26 at 7:04 am to Ghost of Colby
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 on 5/20/26 at 7:12 am to ned nederlander
You have a random jury pool.
Jury system is horrible.
Jury system is horrible.
Posted on 5/20/26 at 7:55 am to ned nederlander
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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