What is Malicious Prosecution?
Letýs say you were charged and prosecuted for a crime you did not commit, and that there was no reasonable way you could have committed the crime. If the prosecutor is aware there is no way you could have committed the crime but decides to try and prosecute you for crime anyways for some reason like there was public pressure at the time to find someone responsible for the crime committed you may have a case for malicious prosecution. If you end up being found innocent of the crime (either originally or on appeal) you can file a lawsuit against the prosecutor for malicious prosecution. Your argument would be that: - You were prosecuted for a crime for which you did not commit and therefore were found not guilty
- There was no probable cause that you were guilty of committing the crime
- The prosecutor knew that there was no probable cause you committed the crime, and yet still continued to prosecute you and tried to prove that you were guilty of committing the crime
What Do You Mean by Probable Cause?Probable cause essentially means that a reasonable person, given the evidence,would think there is a reasonable possibility that you committed the crime. What Kind of Damages Could I Potentially Get in a Lawsuit against the Prosecutor?If you succeed in your lawsuit you may be entitled to compensatory and punitive damages. Compensatory damages simply means you would be paid back all the money you lost while defending yourself on this charge.This can include things like attorneys fees, court costs, money lost on taking time off from work, etc. Who Can I Get Advice from if I Am Considering a Lawsuit for Malicious Prosecution?The best person to go to for advice is a criminal defense attorneywho also has experience in civil lawsuits. Your attorney will be ableto advise you of your rights and let you know if you may be entitled tomoney damages in a lawsuit against the state of federal government theprosecutor represented. |
