California Must Pay Wrongly Convicted Persons Under PC Section 4900
Recently, two men who served 17 years in prison were released after they were found to be wrongly convicted of attempted murder. Under California law, the state is now required to pay them each about $900,000 for the time they spent behind bars. If you or a loved one has been wrongly convicted of a crime, you may be entitled to compensation. Contact our attorneys at Wallin & Klarich as soon as possible to see how we can help.
The Case of Glass and Rayford
Dupree Glass and Juan Rayford were convicted of attempted murder when they were only 17 and 18 years old, respectively. Their convictions relied heavily on the testimony of two witnesses who later recanted their statements. The two teens had maintained from the beginning that they were not involved in the shooting. After serving nearly 17 years in prison, Glass and Rayford were declared innocent after the actual shooter confessed in a new trial. This case was the first brought under a law that guarantees compensation for defendants who have their cases thrown out and also allows them to present evidence proving their innocence. Now, the state of California is required to pay them $140 each for every day they spent in prison, totaling a sum of about $900,000 each.
PC Section 4900: Claims for Wrongly Convicted Persons
California Penal Code Section 4900 is the statute that grants relief to those who were erroneously convicted and imprisoned. A successful claim results in a recommendation to the Legislature to provide compensation in the amount of $140 per day of the claimant’s wrongful imprisonment.
To be eligible for consideration under PC Section 4900, the claimant must meet the following requirements:
- The claimant must have been convicted of a felony under California law for which a prison sentence was imposed.
- The claimant must no longer be imprisoned for that offense.
- The claimant must timely submit a completed Erroneous Conviction Claim Form with supporting documentation within 10 years after release from custody, dismissal of charges, judgment of acquittal, or pardon granted, whichever is later.
- The claim must be accompanied by a statement of facts showing that the claimant did not commit the underlying offense for which they were convicted.
Generally, the claimant must prove by a preponderance of the evidence that they did not commit the crime and that they sustained injury as a result of their erroneous conviction. The claimant is entitled to a hearing to prove both innocence and injury. If a court finds the claimant to be innocent, it must submit a recommendation for compensation within 30 days. However, if the claimant pled guilty with the specific intent to protect another from prosecution, the claimant is barred from compensation.
Contact Wallin & Klarich Today
If you or your loved one was wrongfully imprisoned for a crime, contact Wallin & Klarich as soon as possible to see how we can help. At Wallin & Klarich, we stay up to date with the most recent legal developments so that we can better assist you. With 40+ years of experience, our attorneys have successfully helped thousands of clients with serious felony cases, and we have the skills and resources to help you clear your record and have a second chance at life.
With offices in Orange County, Riverside, San Bernardino, Victorville, Torrance, West Covina, Los Angeles, and San Diego, you are sure to find an available and convenient attorney near you.
Discover how our team can assist you. Contact us today, toll-free at (877) 4-NO-JAIL or (877) 466-5245 for a free consultation with a skilled defense attorney.