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April 16, 2025

Wrongful Imprisonment Lawsuit: What to Expect

Written by Pointer & Buelna, LLP. Lawyers For The People, reviewed by Adanté Pointer

Few experiences are more devastating than being locked away for a crime you didn’t commit. Wrongful imprisonment steals years of your life, causes unimaginable suffering, and leaves lasting scars. If this injustice has happened to you or a loved one, you have the right to fight back. A wrongful imprisonment lawsuit not only helps you seek the compensation you deserve—it holds law enforcement, prosecutors, and the justice system accountable. At Pointer & Buelna, LLP—Lawyers For The People, we don’t just take cases; we fight for justice. Here’s what you need to know about filing your claim and taking legal action now.

What Is a Wrongful Imprisonment Lawsuit?

A wrongful imprisonment lawsuit is a legal claim filed by individuals who were unjustly incarcerated due to errors in the justice system. If you were convicted of a crime you did not commit, you can seek justice and compensation. This type of lawsuit is meant to hold law enforcement, prosecutors, or other responsible parties accountable for violations of constitutional rights.

According to the Equal Justice Initiative, “Thousands of people have been wrongly convicted across the country in a system defined by official indifference to innocence and error.”

When Can You File a Wrongful Imprisonment Lawsuit in California?

In California, you can file a wrongful imprisonment lawsuit if you were convicted and later exonerated through new evidence, DNA testing, or official misconduct. Under federal law, individuals whose constitutional rights were violated by government officials may also pursue claims under 42 U.S.C. §1983.

To bring a successful claim, you must typically prove one or more of the following:

• You were convicted and later exonerated.
• Evidence was withheld that could have proven your innocence.
• Police or prosecutors engaged in misconduct.
• There was an unconstitutional conviction process.

The Process of Filing a Wrongful Imprisonment Lawsuit

Filing a wrongful imprisonment lawsuit isn’t just about compensation—it’s about holding the system accountable. Our legal team takes an aggressive, strategic approach to demanding justice for you. Here’s how the process works:

Obtain Exoneration

Before filing, you must secure an official exoneration, such as a court ruling overturning your conviction, a governor’s pardon, or other legal documentation proving innocence beyond a reasonable doubt to ensure full legal clarity and fairness.

Gather Evidence

Our firm will collect key evidence, including police reports, witness testimonies, DNA results, forensic analysis, expert opinions, case records, video footage, and alibi statements proving your wrongful conviction.

File a Claim Against Responsible Parties

This could include law enforcement agencies, prosecutors, or government entities involved in your wrongful conviction, as well as advocacy groups, legal experts, or nonprofit organizations.

Litigation and Negotiations

The case may be resolved through settlement negotiations or proceed to trial, where our attorneys will aggressively fight for your rights and seek the best possible outcome.

Damages You Can Claim in a Wrongful Imprisonment Lawsuit

Victims of wrongful convictions suffer immense personal and financial losses. You may be entitled to significant compensation, including:

• Lost wages and future earnings due to years of missed employment.
• Emotional distress and psychological trauma from wrongful incarceration.
• Punitive damages to hold responsible parties accountable for misconduct.
• Legal fees and court costs are associated with your exoneration and lawsuit.

California provides compensation under the California Victim Compensation Board (CalVCB), offering $140 per day for wrongful imprisonment. However, this is often insufficient compared to the total harm suffered, making it crucial to pursue an entire lawsuit.

The Importance of Legal Representation in a Wrongful Imprisonment Lawsuit

Navigating a wrongful imprisonment claim is legally complex. Our firm has the experience and resources to fight for the maximum compensation you deserve. We investigate prosecutorial misconduct, challenge law enforcement errors, and ensure your case is backed by strong evidence. We also collaborate with forensic experts, review outdated procedures, and address systemic issues impacting justice. Without legal representation, you risk delays, denials, or receiving far less than you are entitled to. Our legal team specializes in civil rights cases, ensuring every victim of wrongful conviction receives aggressive advocacy and the justice they deserve.

Contact a Wrongful Conviction Attorney for Legal Advice Today

Wrongful convictions can turn lives upside down, but you deserve justice and compensation. At Pointer & Buelna, LLP—Lawyers For The People, we are dedicated to holding those responsible accountable and helping you rebuild your life. Our experienced team understands the pain and challenges that come with wrongful convictions. We are committed to providing compassionate support while aggressively pursuing justice on your behalf. 

Call us today at (510) 929-5400 for a free consultation. Let us fight for your rights and work to get you the justice you deserve.