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What is malicious prosecution? Know your rights

If you're accused of a crime, one of the things you need to be careful of is malicious prosecution. With a case of malicious prosecution, charges are maliciously filed against you with the goal of harassing you, causing intimidation or defaming you. The goal is to injure you.

Malicious prosecution usually occurs when one person files false charges against another. For example, a person might choose to file charges against a political figure to hurt their chances of obtaining a position in the government.

As you may or may not know, private citizens have the right to file lawsuits at any time. Lawsuits can also be malicious prosecution, and they could be harmful to you as an individual or small business.

Both civil claims and criminal charges can be considered as malicious prosecution if their goal was to harm you in some way. If there is no probable cause for a claim against you in a criminal court or no evidence in a civil court, then you may have the right to file your own claim for malicious prosecution.

What happens if you prove that you were maliciously prosecuted?

If you can prove that you were prosecuted maliciously, then you can seek compensatory damages and special damages, which pay you for the emotional damage that the act caused you.

You can claim for a damaged reputation and other problems that arise as a result of the malicious prosecution as well. Your attorney will give you more information on all the claims that you may be able to take to court.

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Sivin & Miller, LLP Attorneys at Law
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