When you inhibit a person to move or deny him freedom of movement against his will, you are falsely imprisoning that person. False imprisonment occurs when there are verbal threats and/or bodily restraints which prevent the victim from escaping or moving willfully as he pleases.
Several key factors contribute to the act of committing false imprisonment: the victim did not give consent to the confinement; the perpetrator has willful intention to hold the victim bound or imprisoned; and, there are no options to escape for the victim.
In the state of Ohio, the law recognizes the fact that you have been wrongfully imprisoned if the following occurred:
- You were convicted of felony or an aggravated felony.
- You were found guilty of the charge or any included offense of lesser degree but did not declare being guilty to any of it.
- You were incarcerated after your guilty verdict.
- The verdict for your conviction was set aside.
- The court approves the dismissal of your conviction.
- The court grants reversal of your conviction during appeal.
- The prosecutor did not seek further appeal for any act concerning your conviction.
- Your release was caused by a procedural error.
- The court has proven your non-participation in the offense or in any act associated with the charge.
In the face of this unlawful case, it is best to seek legal assistance. The state usually acknowledges its liability in these matters but having an experienced and well-respected false imprisonment lawyer on your side will ensure that you receive full compensation and justice you deserve.
Contact Jami S. Oliver, a recognized Columbus attorney who specializes in false imprisonment. For a consultation, call (614) 220-9100 today.