Call:
(347) 974-9434
Call:
(347) 974-9434
Malicious prosecution occurs when one party subjects another party to a baseless civil lawsuit or criminal prosecution in an attempt to inflict damage upon them.
In order to win a malicious prosecution case, your attorney will need to prove the following:
– The law enforcement officer you are suing is the one who began the prosecution
– The case resulted in an acquittal, a rejection of the case by a grand jury, or a dismissal of the charges by the court. In other words, it needs to have ended in your favor.
– The true intent of the prosecution was to harass, embarrass, or otherwise cause harm to you, or it was brought for some malicious reason other than administering justice for a crime
– The prosecution was brought without probable cause
If you believe you are the victim of malicious prosecution, you should speak with a knowledgeable attorney right away.
Types of Damages You Can Recover
Being prosecuted for a crime can be extremely stressful, time-consuming, costly, and even frightening. This is especially true for individuals who are completely innocent.
Victims of malicious prosecution may be eligible for any of the following types of damages:
– Non-economic damages: These damages are those that do not come with a specific dollar amount, but they represent harm to your quality of life, such as suffering, pain, stress, mental anguish, and damage to vital relationships
– Economic damages: These damages are those that can be proven by showing pay stubs or employment records to show court costs, legal bills, time lost from work, and, in some cases, medical bills
– Punitive damages: If the defendant engaged in particularly malicious, intentional, or egregious wrongdoing, a jury may award you punitive damages as a means of punishing the defendant
How an Experienced Malicious Prosecution Lawyer can Help You
You must seek legal help immediately if you are being subjected to malicious or false prosecution.
An excellent defense lawyer will investigate and correct any wrongdoings. They will also look for evidence to prove:
– Inadvertently failing to give complete and truthful statements about charges against you
– Failing to investigate all allegations against you
– Fraudulent or misleading representation of evidence
– False means of obtaining apparent probable cause
– Unwarranted Indictment
The legal action in a malicious prosecution case is technically focused on the misuse of the legal system, not the allegations of untruthfulness or defamation against the plaintiff. An investigation required to bring a malicious prosecution case may reveal that the prosecutor was not acting in good faith but was misled by the police. Sometimes, a third party involved in the case may have misled police or district attorneys and could be the subject of a malicious prosecution complaint.
A successful malicious prosecution case will result in full and appropriate restitution for you for any damage you sustained and all pain suffered. The court also receives an apology from the prosecutor and/or other wrongful abuses or your rights and the justice system.
Navigating the intricacies of the New York criminal justice system can be overwhelming. If you or a loved one are involved in the arraignment process or facing criminal charges, having skilled and knowledgable legal representation is essential.