Being prosecuted for a crime for no valid reason can be stressful, costly, and harmful to your reputation. If you have been the victim of malicious prosecution, you have recourse under the law. Contact Hale & Monico to find out about your legal options.
Why Choose Us?
- We are passionate trial attorneys, dedicated to fighting for our clients in the courtroom.
- We have more than three decades of combined experience advocating for clients who have suffered civil rights violations and police misconduct.
- We have a successful track record. Our lawyers have secured tens of millions of dollars in verdicts and settlements for our clients.
What Is Malicious Prosecution?
Malicious prosecution may be defined as wrongfully instituting criminal proceedings against a person without reasonable grounds. In such cases, criminal charges are maliciously filed to harass, defame, intimidate, or otherwise injure the victim. As police may bring charges without probable cause and prosecutors have discretion over which cases are prosecuted, the malicious prosecution tort provides a check on potential abuses. Any criminal proceeding that lacks probable cause may give rise to a claim for compensation.
What Are the Elements of a Malicious Prosecution Claim?
To prevail in a malicious prosecution claim, you must prove the following elements:
- A criminal proceeding was instituted or continued against you by the defendant.
- The case was terminated in your favor.
- Probable cause (reasonable grounds) for instituting the proceeding was absent.
- Malice was the primary purpose for the action.
- You suffered injury or damages as a result of the action.
Continuing a Case without Reasonable Grounds
The person bringing prosecution must have probable cause (reasonable grounds) to do so. Even if a prosecutor believes in the beginning that legitimate reasons exist to institute criminal proceedings, if the prosecutor discovers during the case that they do not exit but continues the case anyway for improper motives, he or she may be guilty.
Damages That Can Be Rewarded
Victims of malicious prosecution may suffer a wide range of injuries for which they are entitled to claim compensatory damages. These damages consist of:
- Actual damages as a direct result of the claim, including pain and suffering and other non-monetary losses related to the emotional impact of being wrongfully accused and/or being incarcerated; and
- Special damages identifying quantifiable monetary losses (such as lost earnings or childcare expenses).
You may also be able to claim:
- Damaged reputation
- Loss of future earning potential
- Attorney fees and court costs
Why You Need an Attorney
If you have been a victim of malicious prosecution, it is in your best interest to get an experienced civil rights violation lawyer by your side. Our attorneys will work with you to establish the facts and thoroughly prepare your case for trial. We have the knowledge, skills, and experience to effectively pursue a malicious prosecution claim for compensation.
Contact Our Malicious Prosecution Attorney Today!
An innocent person should not have to go through the stress and expense of being subjected to criminal proceedings. Having criminal charges filed against you can do damage to your reputation, even when it is undeserved. If you have been a victim of malicious prosecution, contact Hale & Monico as soon as possible. We can assist you in a claim for compensation.