Malicious Prosecution Claims

Attorneys Protecting Victim Rights

Malicious prosecution claims often accompany wrongful arrest and/or wrongful imprisonment, but it is a separate claim. Malicious prosecution applies specifically to the criminal proceedings brought against you without probable cause, rather than the arrest and/or incarceration you have suffered.

You can only sue for malicious prosecution after you have been exonerated or acquitted of a crime. However, simply proving your innocence is not enough to prove malicious prosecution. You have to prove, not only that you were innocent, but that the prosecution did not have probable cause, did not reasonably believe, that you committed the crime.

In most cases, you will have different attorneys for your criminal case and your malicious prosecution lawsuit. While some attorneys handle both criminal and civil cases, malicious prosecution cases are not common, and can be very complicated. You need to be represented by someone who specializes in these types of cases.

Even if you cannot afford a lawyer and are represented by a public defender in your criminal case, do not assume that you cannot afford to pursue a lawsuit for malicious prosecution. You normally have to pay a large sum up front for representation in a criminal case, but in civil cases you can often hire an attorney on a contingency basis, so your attorney only gets paid if you get paid.

Understanding Malicious Prosecution

The topic of malicious prosecution can be very emotional for those who have been wrongly accused of a crime. A legal battle for a crime which you did not commit can cost you:

• Time
• Money in costs and attorney's fees
• Mental anguish
• Lost wages
• Embarrassment
• Damage to your reputation
• Inability to find a job

However, as mentioned above, innocence is not enough to constitute malicious prosecution. Intentional wrongdoing is required. The key is probable cause. It must have been reasonable to believe that you committed the crime. A gut feeling isn't good enough. There must have been sufficient evidence for a reasonable person to believe that you committed that crime.

Most often, a strong malicious prosecution case involves even more outright and blatant wrongdoing, such as a police officer or prosecutor who knowingly:

• Conceals evidence which would exonerate you
• Brings false charges against you
• Brings charges against you for a which was committed by someone else
• Brings charges based on falsified evidence
• Presents falsified evidence against you
• Coerces a witness to give false testimony against you

Informants

Police and prosecutors often use "confidential informants" to build a case. Informants are typically offered incentives, such as a reduced sentence, leniency, or immunity, in exchange for turning someone in or testifying against them. The use of informants is permissible, but has produced a large number of wrongful convictions, proven by DNA evidence. Malicious prosecution lawsuits have been won based on evidence that law enforcement and/or prosecutors knowingly allowed or encouraged informants to give false testimony in court.

If you believe that you or a loved one has been the victim of malicious or wrongful prosecution, contact an experienced malicious prosecution attorney today.