Being wrongfully convicted is one of the most devastating things that can happen to someone. A person who is innocent may spend years behind bars, lose relationships, miss career opportunities, and suffer emotional trauma. But after a conviction is overturned, it may be possible to file a lawsuit to recover damages.
If you or someone you love was wrongfully convicted in New Mexico, it’s important to understand your rights. You may have the legal right to sue for compensation—but only in specific situations. A civil litigation attorney can help you determine whether you have a case and guide you through the process.
What Is a Wrongful Conviction?
A wrongful conviction happens when someone is found guilty of a crime they did not commit. This can happen for many reasons, and it doesn’t always mean someone made an honest mistake. Sometimes, misconduct or carelessness plays a role in putting an innocent person in prison.
Common Reasons for Wrongful Conviction
Common causes of wrongful convictions include:
- False confessions given under pressure or coercion
- Eyewitness misidentification, where someone picks the wrong person out of a lineup
- Police or prosecutorial misconduct, such as hiding evidence or lying in court
- Flawed forensic evidence or expert testimony that misleads the jury
- Inadequate legal defense from an inexperienced or unprepared attorney
These cases take a serious toll on individuals and families. But once a conviction is overturned, the wrongfully convicted person may be able to file a civil lawsuit against the people or institutions that contributed to the injustice.
When You Can Sue for a Wrongful Conviction
You cannot sue for wrongful conviction simply because you were arrested or charged with a crime and later released. To have the right to sue, your conviction must be overturned, dismissed, or vacated. This usually happens when new evidence proves your innocence, or when a court finds that your rights were violated during the original trial.
This process is known as exoneration. If your record is cleared and your conviction is officially thrown out, you may be able to bring a civil claim. A civil litigation attorney can help you determine if you meet the legal standard to sue.
Who Can Be Held Liable for a Wrongful Conviction?
Once a conviction is overturned, the next question is: Who can be sued? In some cases, several people or entities may be responsible for the harm done. You may be able to sue:
- Police officers or departments if they coerced a confession, or acted outside the law
- Prosecutors – but only under limited circumstances, such as if they acted outside their official role
- Forensic experts if they gave false or misleading testimony
- Government entities, such as city or state agencies, for civil rights violations
Keep in mind: Judges and some other officials have absolute immunity and cannot be sued for their decisions on the bench. But others may still be held accountable through a well-supported civil lawsuit.
Types of Claims You Can Bring for a Wrongful Conviction
There are several possible legal claims that a wrongfully convicted person can bring in a civil lawsuit. The most common include:
- Malicious prosecution – Suing for being wrongfully prosecuted without probable cause
- False imprisonment – Holding someone against their will without legal justification
- Violation of constitutional rights – Claims under 42 U.S.C. § 1983, which allows individuals to sue the government for civil rights violations
In New Mexico, the Tort Claims Act limits when and how the state can be sued. However, if your civil rights were violated, your case may fall under exceptions to that rule. A skilled attorney can help you build your case and identify which claims apply.
Damages You Can Recover for a Wrongful Conviction
A wrongful conviction often leads to serious financial and emotional damage. A civil lawsuit can help you recover compensation for what you’ve lost. You may be able to recover:
- Lost wages and future income
- Pain and suffering from time spent in prison
- Emotional distress
- Loss of reputation and damage to your personal relationships
- Legal costs associated with clearing your name
Time Limits to File a Lawsuit
You don’t have forever to file a lawsuit. There are strict time limits, called statutes of limitations, that apply to wrongful conviction claims.
Generally, the clock starts on the date your conviction is overturned or your record is cleared—not when you were originally convicted. However, calculating the exact deadline can be complicated. If you wait too long, your case could be dismissed, no matter how strong it is.
Don’t risk missing your chance to file. An experienced civil attorney can review your case and make sure everything is filed on time.
Why You Need a Civil Litigation Attorney
Wrongful conviction lawsuits are complex. They often involve suing government agencies, navigating immunity rules, and building a case that shows how your rights were violated. These cases also require detailed knowledge of both state and federal law.
A civil litigation attorney can help by:
- Investigating the circumstances of your conviction
- Gathering the right evidence
- Filing the correct legal documents
- Identifying all liable parties
- Calculating the full value of your damages
- Fighting for your rights in court or in settlement negotiations
Trying to handle a lawsuit on your own can hurt your chances of success. With a lawyer from Harrison & Hart on your side, you’ll have the support you need to seek justice and fair compensation.
Contact a New Mexico Wrongful Conviction Attorney Today
If you were wrongfully convicted and later exonerated, you may be entitled to compensation for the harm you’ve suffered. These cases are serious—and so are the stakes. The sooner you speak with a civil litigation attorney, the sooner you can start building your case and moving forward with your life.
Call our firm today at 505-295-3261 or contact us to schedule a consultation. We’ll review your case, explain your options, and help you fight for the justice you deserve.
