Prosecution is the process by which the state brings criminal charges against an individual or individuals. Every prosecution must be founded upon probable cause that those arrested and prosecuted of a crime committed the crime in question. Such is the legal precedent for properly upholding justice in a society. Malicious prosecution is a legal term that describes a situation in which a prosecution is initiated or continued in the absence of probable cause, or for extraneous purposes (outside of bringing an alleged criminal to justice). If you or someone you love have fallen victim to a malicious prosecution, you may be entitled to financial compensation. Held and Hines is devoted to upholding justice, and our team of experienced attorneys will not allow an unjust prosecution to come to fruition.
How to proceed with Malicious Prosecution Cases
Malicious prosecutions are baseless claims brought against an individual or group of individuals with the intention of doing harm. The plaintiff in such a situation must provide evidence involving multiple facets of the case. Elements of a successful malicious prosecution defense include:
- The initiation or continuation of a criminal proceeding against an individual
- Termination of the criminal proceeding in the individual’s favor (e.g., dismissal of charges or acquittal). Note: a plea to time served, or to a lesser charge, or an ACD does not constitute a termination of the proceeding in favor of the individual.
- The lack of probable cause of commencing or continuing the criminal proceeding
- A malicious intent for the defendant’s actions
Pursuing Damages as a Victim of Malicious Prosecution
Our highly skilled team of attorneys will use the full extent of the law to support and strengthen your case. Held and Hines will work tirelessly to recover compensation for all damages you incurred as a result of the malicious prosecution. Such damages may include compensation for time spent incarcerated, recoupment of money you spent in defense costs, lost income from time spent in jail or dealing with the case, as well as other forms of compensation.
Victims of malicious prosecution need to act quickly to protect their rights. Our legal experts are devoted to the pursuit of justice and will do everything in their power to ensure your best interests are protected. We take our clients’ civil rights and liberties extremely seriously, and we will work tirelessly for you and your loved ones. Abuse of power will not be tolerated in our cases, and we will pursue justice for you and your family to the fullest extent of the law.
|Malicious Prosecution Lawyer in Brooklyn||Malicious Prosecution Lawyer in Manhattan|
This is attorney advertising. Prior results do not guarantee a similar outcome. Prior results cannot and do not guarantee or predict a similar outcome with respect to any future matter, including yours, in which a lawyer or firm may be retained. Nothing in the contents of this or any prior or subsequent writing constitutes legal advice. Every matter is different and the contents hereof are for general information purposes and not intended to constitute legal advice to you and should not be relied upon in determining your best course of action. Absent a signed retainer agreement, this Firm is your attorney. All information contained herein is general advice and you remain responsible for all research of the law, statutes of limitations, filing requirements, deadlines, etc. Nothing herein shall be construed to create an attorney-client relationship. Click here to read more about attorney advertising.