How do you go about a civil suit for someone who has been incarcerate for 8 months but turned out to be not guilty of the crime?

Answer 1

These types of cases are tricky to win. In order to win a wrongful imprisonment case, you must prove that the person you're suing knew the incarcerated person was innocent and did not make good faith effort to incarcerate the right party. If you wish to sue for a violation of your fair and speedy trial, you must prove that the court system did not provide a trial within reasonable time frame (which 8 months sounds unreasonable, but the courts may have reason for the delay). One thing that comes to mind, is that the person who was incarcerated for eight months may have waived his right to a speedy trial, however, this would be in writing on a special form.)

Eight months seems a pretty long time to sit in jail before being acquitted of crimes. I would assume the incarcerated person was remanded (held without bail/bond).

I would seriously contact legal representation. These types of cases are generally heard in the common pleas court and the filing, deadlines, etc are much harder than general small claims court.