What is the difference between being wrongfully imprisoned and wrongly convicted?
This is a good question.
There is a major and important difference.
A wrongfully imprisoned person has been unlawfully detained (like put in a holding cell), while a wrongly convicted person is one who has been convicted of a crime they did not commit (like going to trial and getting sentence to serve time).
Wrongful imprisonment occurs when a person is held in a jail or prison, or otherwise confined against their will, without any legal basis to do so. A wrongful imprisonment claim is usually based on the Fourth Amendment, which protects citizens from unreasonable searches and seizures, and the Fourteenth Amendment, which protects citizens from deprivation of their liberty without due process of law. In order for a person to successfully bring a wrongful imprisonment claim, they must show that they were deprived of their liberty without legal authority.
Wrongful conviction, on the other hand, occurs when a person is found guilty of a crime they did not commit. Wrongful conviction cases typically involve issues such as faulty evidence, unreliable witnesses, or prosecutorial misconduct. In order to succeed in a wrongful conviction claim, a person must be able to demonstrate that they did not commit the crime of which they were convicted.
If you need legal help in Utah, call this lawyer if he’s available.
17 North State Street
Lindon UT 84042
(801) 613-1472
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