This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Complaint False Imprisonment With Movement Of The Victim In Sacramento
Category:
State:
Multi-State
County:
Sacramento
Control #:
US-000280
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Word;
Rich Text
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FAQ
If you have a preponderance of evidence that you were falsely accused (more evidence than they have that it wasn't a false accusation), and you can prove some actual damages, you may get a monetary award, or convince them to settle out of court. Your best bet would be to talk with an attorney.
State statute provides exonerees with a maximum of $140 per day of wrongful incarceration, including any time spent in custody prior to incarceration, as well as $70 per day served on parole or supervised release solely as a result of the wrongful conviction.
A complaint of misconduct may be made directly with the Sacramento County Sheriff's Office Internal Affairs Bureau or through the Office of Inspector General. A complaint may be filed in person at any Sacramento County Sheriff's Office facility.
Federal compensation law provides $50,000 per year of wrongful incarceration. The majority of the 35 states with wrongful conviction compensation laws provide $50,000 or more (TX, CO, KS, OH, CA, CT, VT, AL, FL, HI, IN, MI, MN, MS, NJ, NV, NC, WA).
The federal standard to compensate those who are wrongfully convicted is a minimum of $50,000 per year of incarceration, plus an additional amount for each year spent on death row. Those proven to have been wrongfully convicted through post-conviction DNA testing spend, on average, more than 14 years behind bars.
Pursuant to Local Rule 2.35, except by order of the court, following a showing of good cause, all ex parte applications presented to the court seeking to set a matter on shortened time must provide for a briefing schedule that (1) allows for opposition papers to be filed and served no less than five court days prior to ...
All papers opposing a motion so noticed shall be filed with the court and a copy served on each party at least nine court days, and all reply papers at least five court days before the hearing. The court, or a judge thereof, may prescribe a shorter time.
A party opposing a summary judgment motion must, within 28 days after the movant serves the motion, file and serve a response brief and any evidence (that is not already in the record) that the party relies on to oppose the motion.
California Penal Code § 236 PC defines false imprisonment as unlawfully restraining, detaining, or confining a person against his or her will. The crime can be charged as either a misdemeanor or felony and is punishable by up to three years in jail.