Wrongful Conviction: Can Money Help Regain a Life?
As we profile at Total Criminal Defense the latest in technological developments that are used in criminal detection and criminal trials, you might be wondering what happens to the growing number of convicts that are declared innocent after new technology proves it. Spending time in prison, in some cases years and years, can be devastating, and these innocent convicts have to pick up the pieces of their life and move forward in most instances with no job, money or life outside prison.
Because they can't give back lost time or opportunities, most states that have enacted compensation provisions for wrongfully convicted individuals who are declared innocent provide financial compensation. Of course, as with personal injury verdicts and other types of legal compensation, money only goes so far in helping someone cope with a life that is forever changed after a criminal conviction and incarceration.
For more on efforts to try and free innocent prisoners who have been wrongfully convicted, as well as a host of interesting statistical information on these convictions, a handy resource is The Innocence Project.
On this page, you'll find a guide to compensation for wrongfully convicted individuals, and how many states handle determining compensation amounts as well as factors to consider when approaching this difficult topic. Of course, a criminal defense lawyer can speak more directly to any compensation offered in your state, and how similar cases in the past have concluded.
Twenty-five states (plus the District of Columbia) have provisions to grant compensation to wrongfully convicted individuals who are later declared innocent. Here are the states, in alphabetical order: Alabama, California, Connecticut, Florida, Illinois, Iowa, Louisiana, Maine, Maryland, Massachusetts, Missouri, Montana, New Hampshire, New Jersey, New York, North Carolina, Ohio, Oklahoma, Tennessee, Texas, Utah, Vermont, Virginia, West Virginia and Wisconsin.
However, within these states, the compensation process and potential monetary amount differs greatly. Keep reading for more about specific states and details about their compensation from state statutes.
State with Compensation for Wrongful Conviction and Amounts
Alabama - minimum of $50,000 for each year of wrongful incarceration; available within two years.
California -maximum of $100 per day of wrongful incarceration; claim must be made within.
Connecticut – No minimum amount given; factors considered for compensation include claims for loss of liberty and enjoyment of life; loss of earnings; loss of earning capacity; loss of familial relationships; loss of reputation; physical pain and suffering; mental pain and suffering; and attorney's fees and other expenses arising from or related to such person's arrest, prosecution, conviction and incarceration.
Florida – Wrongful Incarceration Act of 2008 provides $50,000 in compensation for each year of incarceration, but only if claimant has no prior felony history before wrongful conviction.
Illinois –eligible for a total of up to $15,000 for 5 years, $30,000 for 14 years, and $35,000 for more than 14 years, with a cost-of-living adjusted increase for every year since law was passed in 1945.
Iowa - $50 per day of wrongful incarceration plus lost wages up to $25,000 a year, plus attorney's fees; not eligible if guilty plea was entered.
Louisiana - $15,000 year for each year of wrongful incarceration, with a cap of $150,000. Eligible also for job training, counseling and college tuition (with restrictions).
Maine – eligible for up to $300,000.
Maryland – as determined by the Board of Public Works for a "reasonable amount."
Massachusetts - maximum of $500,000; ineligible if guilty plea was entered, or compensation claimed 2 years or later past exoneration.
Missouri - $50 per day of post-conviction confinement if claim is filed within one year of release.
Montana – educational aid.
New Hampshire – up to $20,000 in compensation.
New Jersey - eligible within two years from release or pardon for twice the amount of income made in the year prior to incarceration or $20,000 per year of incarceration, whichever is greater.
New York – within two years of release, eligible for "damages in such sum of money as the court determines will fairly and reasonably compensate him."
North Carolina – eligible for up to $50,000 for each year spent behind bars, up to $750,000 total.
Ohio – eligible for $40,330 per year (or amount determined by state auditor) in addition to lost wages, costs, and attorney's fees (if claimant did not plead guilty); claim must be filed within 2 years of exoneration.
Oklahoma – eligible for $175,000; cannot have entered guilty plea and imprisonment must have been solely for wrongful conviction.
Tennessee – amount to be determined by the board of claims for physical and mental suffering and loss of earnings, up to $1 million; claim must be filed within one year of release.
Texas – eligible for $50,000 per year of incarceration ($100,000 per year if sentenced to death), compensation for child support payments, and one year of counseling.
Utah – an annual amount based on the average annual salary in the state ($35,000 at the time of passage of the bill in March 2008) for up to 15 years of incarceration; criminal record expunged.
Vermont – eligible for between $30,000 and $60,000 per year of incarceration, as well as up to 10 years of state health care, economic damages (which may include lost wages), reimbursement for attorney fees, and mental and physical health care costs; must be applied for within three years.
Virginia – eligible for 90% of the Virginia per capita annual income for up to 20 years, as well as tuition for Virginia community college; cannot have entered guilty plea, except in capital offenses.
West Virginia – may receive an amount that will "fairly and reasonably compensate him"; must be claimed within two years.
Wisconsin - $25,000, including attorneys fees; board of claims may petition state legislature for more.
Note: compensation in specific states may have changed since last update.
Speak to a Criminal Defense Lawyer about Compensation for Wrongful Conviction!
While regaining your personal life and clearing your criminal record are top priorities if you've been released after a criminal conviction, compensation funds from the state can be a help in reintegrating back into society.
If you have questions about if your state has compensation for wrongful convictions and what the law allows, speak to a criminal defense attorney, who can better address your specific questions. Just fill out our free online evaluation form or call toll-free at 1-877-445-1059 to be connected directly to a criminal defense attorney for a consultation.