Malicious prosecution happens when someone starts or continues criminal charges against you, even though they know there’s no real reason to do so. This can cause serious harm – like damage to your reputation and costly legal fees. Knowing what malicious prosecution is and how to fight it can help protect your rights if you’re ever falsely accused.
Who You Can File a Malicious Prosecution Claim Against
Malicious prosecution claims are frequently directed at governmental entities, such as a district attorney’s office or a police department when they move ahead with charges they know lack merit. However, you can also file a malicious prosecution suit against a private individual if they intentionally make false accusations and persist in pushing for your arrest or conviction. This situation arises when someone’s false statements lead law enforcement to pursue baseless criminal proceedings.
Malicious Prosecution vs. False Arrest
Many people confuse malicious prosecution with false arrest, but both these claims involve different issues:
- Malicious Prosecution: This claim focuses on the intentional wrongful initiation or continuation of legal proceedings against someone. In other words, it addresses the fact that charges were brought or maintained when the accuser knew there was no valid evidence or probable cause.
- False Arrest: This is the unlawful detainment of an individual by law enforcement without probable cause or a legally valid reason. If you were detained when there was no justification, you might have a possible false arrest claim. This is usually done unintentionally.
A false arrest can be the starting point of a malicious prosecution claim if the arrest later leads to charges that are continued without any real evidence. Malicious prosecution goes further by looking at whether the case was pursued knowingly and intentionally despite a lack of basis. If prosecutors or law enforcement persisted in pressing charges after it became clear there was no case, malicious prosecution may apply.
The fact that charges are dropped or you’ve been acquitted doesn’t necessarily mean you would have a successful malicious prosecution claim.
Types of Evidence Used to Prove Malicious Prosecution
When bringing a malicious prosecution claim, the key is showing that you were wrongfully targeted by legal action with no solid basis. This can involve many different forms of proof, all of which help illustrate that charges were pursued in bad faith. Below are some types of evidence commonly used to demonstrate malicious prosecution:
Internal Communications
Internal communications, like texts, emails, or memos between prosecutors, police officers, or other officials, can explain their motives for continuing charges. Communication that explicitly acknowledges weak or missing evidence strengthens the notion that the prosecution continued without genuine cause. It’s also possible to find red flags pointing to bias or ulterior motives, which are crucial to proving malicious intent.
Police and Court Records
Official records, like police reports and court filings, help illustrate the sequence of events leading to prosecution. If there are discrepancies in these records indicating that authorities were aware of your innocence or the lack of evidence but still pressed charges, it can point to malicious intent.
Witness Testimony
Statements from witnesses who observed the investigation or prosecution can shed light on inconsistencies or deliberate attempts to fabricate evidence. For example, a police officer who testifies that superiors pushed to bring charges despite knowing there was no probable cause can be a vital piece of evidence. Sometimes, private citizens who overheard discussions could also confirm malicious motives.
Exonerating Evidence Overlooked
Malicious prosecution cases can include evidence that was disregarded or buried, even though it proved innocence. This could include statements from witnesses or physical evidence that the authorities intentionally ignored. Showing that police or prosecutors choose not to test DNA and fingerprints or other forensics, despite having the ability to do so, can demonstrate negligence or ill intent.
Working with an experienced attorney is the best way to strengthen a malicious prosecution claim.
Legal Consequences of Malicious Prosecution
When someone is targeted by legal action without genuine cause, the repercussions can be harsh for both the victim and the individual who pursued the case. Below are some of the possible outcomes of a malicious prosecution claim:
Potential Lawsuit
If you’ve been wrongfully prosecuted, you may file a civil suit to hold the accuser accountable. This action allows you to present evidence of malicious intent and demonstrate that legal action was taken without truthful grounds.
One primary purpose of a civil lawsuit is to recover damages, including costs for legal representation, mental anguish, and the lasting harm done to your personal or professional reputation. In addition, you may obtain lost wages if the prosecution causes you to miss work. By proving the extent of these damages, the court can fairly compensate you for what you’ve endured.
Punitive Damages
In some cases, defendants with especially egregious conduct may face punitive damages. These are intended to penalize the defendant and help discourage future malicious legal actions. Punitive awards go beyond basic compensation, reflecting the seriousness of the harm and serving as a clear warning to others.
Criminal Consequences for the Accused
Individuals or officials who engage in malicious prosecution might be subject to professional discipline or, in some cases, criminal charges. For instance, prosecutors or law enforcement officers found to have knowingly pursued a baseless case could face job suspension or possibly legal penalties.
How a Criminal Defense Lawyer Can Help You Win a Malicious Prosecution Case
Even though malicious prosecution lawsuits are typically handled by attorneys who primarily handle civil litigation, having a criminal defense lawyer on your team can be extremely valuable. Their intimate knowledge of the criminal justice system, evidence rules, and courtroom procedures often makes a big difference in proving malicious intent. Below are some ways a criminal defense attorney can support your case:
Insight Into the Criminal Process
Criminal defense lawyers spend their careers navigating police procedures, arrest protocols, and prosecution strategies. This invaluable experience allows them to pinpoint where misconduct may have occurred, such as improper searches or coerced witness statements. Because of their background, they can efficiently identify weaknesses in the criminal proceedings that led to malicious prosecution.
Comprehensive Evidence Collection
Malicious prosecution claims hinge on demonstrating abuse of legal processes. A defense lawyer knows which records, internal communications, and other types of documentation are critical. They also understand how to question law enforcement or prosecutors under oath, making it easier to uncover proof of wrongdoing. Their familiarity with criminal court filings helps them track down evidence that might slip under the radar in a purely civil case.
Strategic Collaboration With Civil Attorneys
If a civil lawyer is already working on your malicious prosecution suit, a defense attorney can provide insight from a criminal perspective. This allows your legal team to make stronger arguments, especially when looking at whether there was probable cause or identifying improper motives by the prosecuting party.
Experience With Expert Witnesses
Criminal defense lawyers frequently retain expert witnesses, so they’re familiar with the process and also have the resources to find the right expert for your claim. These experts can testify about law enforcement’s obligations or help explain complicated issues to a judge or jury. When it comes to demonstrating malicious intent, specialized testimony may be what pushes the case in your favor.
If you believe you’re a victim of malicious prosecution, consider consulting a skilled criminal defense lawyer.
