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Our Offices

  • Mt Dora Office

    Address

    4130 United Avenue
    Mt Dora, Florida 32757

  • Inverness Office

    Address

    405 Tompkins Street
    Inverness, Florida 34450

    Phone

    352-344-1882

  • Clermont Office

    Address

    481 E. Highway 50
    #201
    Clermont, Florida 34711

    Phone

    352-242-1933

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    — James Argento

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    Good law group, and has been in n communication with my husband and I, throughout the case... Thank you for your services...

    — Angel White-Wills

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    This is the attorney we refer everyone to! My husband was hit by a drunk driver going the wrong way on the highway. Chris made sure the insurance company paid for the damages done to the truck and my husband’s back/neck & the insurance comp...
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    — Eliza Conrad

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    5.0/5.0

    Great experience. People there are very helpful, service is fast, stuff is friendly and very knowledgeable. True professionals.

    — Sunny Adventures

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    Great experience. People there are very helpful, service is fast, stuff is friendly and very knowledgeable. True professionals.

    — Sunny Adventures

Understanding Florida’s Wrongful Imprisonment Compensation Law

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Florida is one of 35 states that allow those who have been wrongfully convicted and imprisoned to receive compensation from the state. Those who are eligible can collect $50,000 per year of wrongful incarceration, up to a maximum of $2 million dollars. However, compensation is rare because the bar for eligibility is set very high.

Many people in prison for decades in Florida have been exonerated based on newly available evidence, such as DNA testing. But out of 30 inmates exonerated since enactment of the 2008 law establishing the compensation remedy, only four have been found eligible.

The major restriction in the statute is the “clean hands” rule. As originally passed, the statute required that the exonerated individual must have no other felony convictions. Since individuals who are incarcerated usually are repeat offenders, this rule effectively eliminated eligibility for most prisoners. In one case, a claimant was denied due to conviction of escaping from the prison in which he was wrongfully incarcerated. However, in 2017 the Florida legislature eased up on the clean hands rule by prohibiting receiving funds only if the claimant was previously convicted of a violent felony or more than one non-violent felony prior to the wrongful conviction.

Another restriction is that a claimant must file within 90 days of the date of exoneration. Many of those exonerated are still in prison, so applying by the deadline can be difficult. One man who was exonerated could not file because the prosecutor decided to retry him and he was kept in jail during that time. The charges were dropped two years later.

The law presently applies only to individuals exonerated after its 2008 enactment. Recently, however, a new bill was introduced in the legislature that would allow for retroactive eligibility for compensation. This may open the door to many more claimants. According to the National Registry of Exonerations, there have been 73 individuals in Florida proven innocent and exonerated in Florida since 1989.

Hiring an experienced criminal defense attorney is imperative to navigating the rules and restrictions for seeking wrongful imprisonment compensation.

Largey Law firm will fight to prove your innocence and to seek appropriate remedies. To schedule a free initial consultation with an experienced lawyer, call us at 352-253-0456 or contact us online. We have offices in Tavares, Inverness and Clermont.