New York Civil Rights And Criminal Defense Lawyers

FAQs about malicious prosecution

| Thursday Mar 15, 2018 | Blog

Unfortunately, the criminal justice system is not always just. Sometimes criminal charges are malicious. Did the police arrest you without probable cause? Is the prosecutor filing false charges against you? If so, you may be able to file a malicious prosecution lawsuit.

An unjust criminal charge may be devastating for you if you are innocent. But what exactly does a lawsuit for malicious prosecution look like? What basis do you need to sue? Find out below.

What constitutes malicious prosecution?

The prosecution you are facing may be malicious if:

  • There is a criminal case against you
  • The police arrested you without probable cause
  • The police or prosecutor is acting out of malice toward you
  • The courts find you to be innocent

Malice against you may take various forms, from a personal dispute to racism. 

What is retaliatory prosecution?

If you were arrested or charged for exercising your constitutional rights, you may be able to file a malicious prosecution claim. For example, if your arrest or criminal case occurred because you were exercising your free speech rights by protesting or criticizing the police, it may be out of retaliation. 

What about false imprisonment?

You may also be able to bring a false arrest claim. False imprisonment may occur if the police detained you due to false allegations. 

What do I do about all of this?

Chances are you may be the victim of multiple civil rights violations. If you deal with one type of police misconduct, you may very likely experience others. That is why an instance of false arrest will probably morph into a malicious prosecution or broader police misconduct case. 

If you think you are the victim of any of these unlawful procedures, you should tell a civil rights attorney. You may be able to get financial compensation for the damages as a result of false arrest or prosecution.