Summary
In North Carolina, a wrongly convicted person can receive compensation if they have received a pardon of innocence. They can receive $50,000 for each year of imprisonment, up to a maximum of $750,000. If a case is dismissed, a pardon is not necessary for compensation. The wrongly convicted person has 5 years from the date of pardon or 3 years from the date of dismissal to file a compensation claim. If a person is held after their case is dismissed, it could potentially violate their rights to liberty, security, a fair trial, and freedom from arbitrary detention.Full Conversation
What is all the North Carolina statutes laws for compensating wrongly convicted person
In North Carolina, the statutes for compensating wrongly convicted persons are:
- The person must have received a pardon of innocence.
- They can receive $*,* for each year of imprisonment, up to a maximum of $*,*.
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Do they need a pardon if state court dismissed their case
In general, if a case is dismissed, it means the charges were dropped and a pardon is not necessary. However, it's always best to consult with a legal professional.
So if a case is dismissed they don't need a pardon for compensation
In general, if a case is dismissed, a pardon is not necessary for compensation. However, specific rules may vary. Is there anything else I can assist you with?
What are the specifics rules that my vary
The specific rules that may vary include:
- The process for applying for compensation
- The evidence required to prove wrongful conviction
- The time limit for filing a claim
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What is the time limit for filing a compensation claim
In North Carolina, a wrongly convicted person has 5 years from the date of pardon to file a claim for compensation.
What if a pardon is not necessary what is the time limit for filing a compensation claim
In North Carolina, if a pardon is not necessary, the wrongly convicted person has 3 years from the date of dismissal to file a compensation claim.
What if the person was was held after the case was dismissed
If a person was held after the case was dismissed, it could potentially be a violation of their rights. They should consult with a legal professional immediately.
What rights are violated
If a person is held after their case is dismissed, it could potentially violate:
- The right to liberty and security
- The right to a fair trial
- The right to be free from arbitrary detention
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