I was arrested, kept in jail for 62 days and then released after the DA finally got around to my case. I did nothing wrong. : legaladvice

Authored by reddit.com and submitted by TitchyBeacher

Okay, so a few days ago I was released from county jail after being held for 62 days. I lost my job, didn't pay rent for 2 months almost 3 now and my car is in the process of being put up for auction and they won't release it.

I was arrested for felon in possession of a firearm (I'm not a felon and never have been or had anything expunged and at the time of arrest I didn't even have a firearm on me) and reckless endangerment (firing a weapon at the side of a building, again something I did not do). I had an initial appearance thing in the jail over video where I was given a public defender who was completely and absolutely useless. I'm not sure if this is the norm for public defenders but he didn't say anything I told him to at this appearance I had because a simple background check shows I don't have a felony and on the night this all allegedly happened I was out of state (plane tickets and hotel with work). He literally just said not guilty then asked for a signature bond (Judge or magistrate guy denied it because felon with a firearm is a huge thing).

So then I sat, in jail for a total of 60 days before my public defender even came to see me. I tried to call him everyday with the phones and the number on the paper I had but he was never in and never came to see me. I couldn't afford a regular attorney who wanted around $2500 to even start a criminal case. I don't really have family or super close friends to call for help, I was fired from work obviously and now late on rent and will be evicted probably because I can't pay without a job and definitely not $2100+ utilities for rent on the 3 months I'm about to owe.

When he finally came and seen me 2 days before my next appearance and he finally listened to me he talked to the DA who apparently also had not looked at my case or my letter I mailed them until then also. After that appearance I got a "sorry, computer error you are free to go" and I was released.

What can I do for any of this? Apparently someone with the same name but a different DOB shot a building after a fight and is a felon but I sat in jail, lost my job, can't even get my car back they say unless I pay some crazy fees (how am I liable for these fees if it was a error?!). This is in Madison, Wisconsin

EDIT: Thanks for all the replies guys and gals, I'll contact the Wisconsin branch of the ACLU tomorrow and see what they say and where to go from here. Also I appreciate the messages offering to help me if I need it but I can kinda survive frugally on my credit cards if absolutely need be and will be contacting my boss tomorrow also and explaining the situation.

EDIT 2: To clear up more confusion about my car. The city had it towed by a local company they are contracted with. The storage fees are $1900 and growing daily and I only paid $3500 for the car 2 years ago. The towing company that has my vehicle told me the city can waive their percentage and pay the rest to them and I can get my car but told "good luck". Also their policy is to only store the vehicles for 90 days before auctioning the car.

rabidstoat on October 30th, 2018 at 12:28 UTC »

I forget what my previous "LA post that has made me the most outraged" was, but this might be my new one.

Jzkqm on October 30th, 2018 at 12:27 UTC »

Totally fucked that LAOP could’ve fixed everything with $2,500 for a lawyer; but, since he didn’t have the cash, now he’s out of a job, a home, and a car.

I hope everything works out for them. I couldn’t imagine spending two months in jail over something I wasn’t even tangentially involved in.

andrewjackstoned on October 30th, 2018 at 11:45 UTC »

Everyone in the main thread is saying the PD waived his speedy rights. When? Entering a not guilty and asking for a signature bond is standard practice at initial appearance and doesn’t waive speedy. The real fuck up was not following through when they guy kept calling. I feel the real issue is whether or not the State held him past 33 days without filing an information. Maybe there’s a difference in state criminal procedure I'm not aware of.