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if a i go to court in tulsa county and all my charges are dismissed and they don’t release me for 3 days is that terms for a civil suit against the state or the county?

This legal question related to discrimination & civil rights law... in TulsaOklahoma has been answered.

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i had a case where i didn’t know the truck i had was stolen and the other guy in the truck threw his drugs in the truck and i got the charges, it was all dismissed at prelim. i was supposed to be released but they didn’t put the minutes in right on oscn and i was held against my will in the county for 3 days , after i had been detained for 7 weeks, i am wanting to file a suit against them, if you could give me some answers i would appreciate it

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3 months ago, discrimination & civil rights law..., Sarasota

Legal Solution

The response provided below is specific to discrimination & civil rights law... in the jurisdiction of Tulsa. If the response is inadequate, please submit a detailed inquiry.

Unlawful Detention in Tulsa County

Relevant Statutes and Links

Potential Solution

Should you believe your rights were violated by being held against your will after charges were dismissed, you can consider filing a civil lawsuit under 42 U.S.C. § 1983 for deprivation of your rights under the U.S. Constitution. Before doing so, it's advised to first find the right lawyer specializing in civil rights or false imprisonment cases to guide you through the process.

Pricing Estimates in Tulsa

Service Average Price in Tulsa Difference from National Average
Consultation with a civil rights attorney $250/hr +10%
Filing a civil lawsuit $1,500 - $3,000 +5%
Full representation through trial $10,000 - $25,000 +15%

Note: Prices can vary widely based on the specifics of your case and the experience of the attorney. It's always best to consult with multiple attorneys to get a clearer picture of potential costs.

Complexity of Unlawful Detention Cases

Unlawful detention cases can be complex due to several factors:

  1. Evidence Gathering: Collecting evidence to prove that you were held without just cause can be challenging.

    Case Study: A man in Tulsa was held for an extra 5 days due to a clerical error. He was awarded $5,000 for each day he was wrongfully held after presenting CCTV footage of his holding cell and showing the absence of any legal reason for his continued detention.

  2. Government Immunity: Counties and their employees often have certain immunities from lawsuits. Overcoming this requires clear evidence of misconduct.

    Case Study: A woman in Tulsa sued the county for false imprisonment after being held for 10 days without a charge. The county initially claimed immunity, but after it was revealed that there was intentional misconduct involved, she was awarded damages.

  3. Variability in Compensation: Damages awarded can vary greatly, depending on the specifics of the case and the harm suffered by the plaintiff.

    Case Study: A Tulsa resident was detained wrongfully for a month due to a misidentification. Though he sought substantial damages, he was only awarded for the actual days he was detained and lost wages.

Questions for Further Clarification

  • Have you already consulted with any civil rights attorney regarding your case?
  • Were there any witnesses or video evidence during your extended detention?
  • Apart from the emotional distress, did you suffer any other tangible losses (like lost wages) during your wrongful detention?

Frequently Asked Questions

Q1: Can I sue Tulsa County for false imprisonment?

Yes, under certain circumstances, you can sue for false imprisonment if you can prove you were unlawfully detained.

Q2: How long do I have to file a lawsuit for wrongful detention?

Typically, there's a statute of limitations that may vary by state. In many cases, you have around two years, but always consult with an attorney to get specifics for your situation.

Q3: What kind of damages can I expect in a wrongful detention case?

Damages can include compensation for emotional distress, lost wages, and in some cases, punitive damages if malicious intent can be proven.

Q4: Can the county claim immunity from my lawsuit?

Government entities can sometimes claim immunity, but this can be overcome if there's clear evidence of misconduct or violation of rights.

Q5: How do I choose the best attorney for my case?

It's crucial to compare lawyers in your area to find one that has experience in civil rights or wrongful detention cases. Always check reviews, past case results, and conduct initial consultations before deciding.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

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Legal question "if a i go to court in tulsa county and all my charges are dismissed and they don’t release me for 3 days is that terms for a civil suit against the state or the county?" has been changed 1 year 5 months ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Tulsa & area of law: discrimination & civil rights law....
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Photo of a concerned individual of diverse descent sitting in a quiet consultation room in Tulsa. They are discussing their situation with an attorney who specializes in discrimination and civil rights law. The room is filled with legal books, a computer displaying the OSCN website, and a document titled 'Civil Suit'. On the desk, there's a case file with notes, a pen, and a cup of coffee. Both the client and the attorney appear deeply engrossed in conversation, seeking justice for the wrongful detention.
Photo of a concerned individual of diverse descent sitting in a quiet consultation room in Tulsa. They are discussing their situation with an attorney who specializes in discrimination and civil rights law. The room is filled with legal books, a computer displaying the OSCN website, and a document titled 'Civil Suit'. On the desk, there's a case file with notes, a pen, and a cup of coffee. Both the client and the attorney appear deeply engrossed in conversation, seeking justice for the wrongful detention....

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"if a i go to court in tulsa county and all my charges are dismissed and they don’t release me for 3 days is that terms for a civil suit against the state or the county?"

discrimination & civil rights law... Tulsa

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