Lawyers Who Understand The Steps To Take When Malicious Prosecution Occurs

If you have been arrested without probable cause, the process leading up to your first appearance in front of a judge is considered a false arrest. Once you have faced a judge, the procedure that follows is considered malicious prosecution. In either situation, it is important that you contact a law firm that is experienced in protecting your civil rights.

At Sivin & Miller, LLP, in New York, our attorneys have represented victims of false arrest and malicious prosecution for nearly 60 years combined. If police stopped you without justification, even if it was for just a few minutes, you may have a case against them that entitles you to receive compensation.

A malicious prosecution claim often accompanies false arrest or false imprisonment claims. But malicious prosecution is a separate claim that is brought when the judicial system has been misused.

"The NYPD policy of aggressive stop and frisk in mostly minority neighborhoods is a dangerous and destructive practice that alienates minority youth and does little to fight crime. Similar policies have been tried in the past with catastrophic results."
— John A. Eterno, retired New York City police captain, writing in the New York Times

Discover Your Legal Options Before Entering A Plea

If you believe you are the victim of false arrest, it is vital that you contact a lawyer immediately. If the criminal case against you is dismissed by a court or dismissed by the prosecutor, you may have a strong malicious prosecution case.

However, if you enter a guilty plea, enter a plea of nolo contendere, or reach a settlement with the prosecutor or victim, you generally do not have a case.

In order to establish a malicious prosecution claim under New York law, a plaintiff must prove:

  • The initiation or continuation of a criminal proceeding against a plaintiff
  • Termination of the proceeding in the plaintiff's favor
  • Lack of probable cause for commencing the proceeding
  • Actual malice as a motivation for the defendant's actions

It is important to contact a lawyer as quickly as possible in order to preserve all of your rights. You must file a notice of claim with the city controller within 90 days from the time your case is dismissed.

Time Is Of The Essence

Malicious prosecution consumes your time and your finances. Victims generally feel hopeless and overmatched.

If you need to speak with New York malicious prosecution attorneys, call Sivin & Miller, LLP, locally at 646-561-9150 or toll free at 800-836-3152, or use our online contact form to schedule a meeting.