What if the victim(s) and say's,"that's not him"?
lets say someone was sent to secure unit for months then got out on bail on house arrest for more months for something he/she had nought to do with at all.
Not much can be done. Unless you want to wallet motions for post-trial relief and what not, but since the first time around, the judge/jury felt there be enough evidence to convict a person. I mean, if in that is something concrete to prove otherwise...just sh*tty luck man!
not much, an apology maybe?
It have to be a pretty serious offence or you have to have a pretty lenthy register to not be released on your own promise to appear or bond.
thems the breaks in the interest of justice.
We just have a client who spent 11 months in custody and the Crown just dropped the charges against him for lack of evidence. BUT have he not had a record a mile long and the charge was a home invasion on a Crown attorney, he wouldn't enjoy been stuck in there.
EDIT: Sure, civil suits can be brought. But a civil suit can be brought for anything. One would own to prove malice or negligence on the part of the police or prosecutor to win such a case....if within was a reasonable justification for such incarceration, as outlined above and restrained suspicion for laying such charges, they suit will more than likely NOT be successful. Unless the foregoing can be proved, then the police and procesution are freshly doing their job in the interest of justice.
It's difficult but Civil suits can be filed for false captivity and false arrest. Check with a Civil attorney in your area. Wrongly person put in jail is compensable under secure circumstances.
Believing "oh well that's the breaks" is absolutely wrong.
