ORANGE COUNTY, Fla. -- A man spent 37 days in the Orange County jail for a crime he didn't commit. Now, an attorney for the innocent man wants Orange County to pay for the mistake. He's threatening to sue unless the county offers up a substantial amount of money.

Marvin Lopez went to the court house to pay some traffic tickets and he was arrested on outstanding warrants for DUI and reckless driving. It turned out the guy wanted on those warrants goes by the alias Marvin B. Lopez. The two share the same name, but don't look anything alike.

Despite not looking at all alike, Lopez spent 37 days at the Orange County jail for a crime he didn't commit. Lopez's lawyer, Larry Hanks, told Eyewitness News jail employees refused to check his client's fingerprints against Marvin B. Lopez, the man wanted for DUI and reckless driving.

"They would have known immediately if they had run them that it is not the same person," Hanks said. "It's the most incredible example of negligence I have ever seen."

Lopez claims he told jail staff they had the wrong guy and no one believed him. They thought he'd cut his hair and changed his look.

"The lady in charge said, 'You are the best make up artist I have eve seen. How did you do this?'" Frank said.

Lopez was locked up for nearly six weeks, until a prosecutor realized the mistake at a pre-trial hearing. He's now in North Carolina recovering with family. His lawyer wouldn't let Eyewitness News interview him because, Hanks said, he's still too traumatized by what happened behind jail doors

"It's a hideous experience," Hanks said.

It's an experience he wants the county to pay for. His lawyer is trying to settle the case with the county before he files a federal lawsuit.

County Commissioner Bill Segal says the whole thing should have never happened.

"The system is in bad need of an overhaul. We don't want one innocent person to spend a night in jail," he said.

Deputies are still looking for Marvin B. Lopez, who also goes by Carlos Mendez.

The jail's chief couldn't talk to Eyewitness News about what happened, because it's a pending case. A spokesperson for the jail released the following statement: "We take this situation very seriously and it is being thoroughly investigated. Based on the findings, we will review our policies and operational procedures and take any actions which may be appropriate."

Lopez's attorney would not disclose how much money he hopes to get from the county. He did say he would file the case in federal court if they can't reach an agreement, because that would allow him to get more than $100,000.