New York Civil Rights And Criminal Defense Lawyers

What is malicious prosecution?

On Behalf of | Tuesday Jun 29, 2021 | Police Misconduct

If you frequently visit or reside in New York, you may benefit from learning more about malicious prosecution, police conduct, and protecting your civil rights. Malicious prosecution occurs when a lawsuit is filed for an improper purpose, without probable cause or grounds. This gratuitous lawsuit may be criminal or civil in nature. Simply being forced through the legal process after a false arrest can qualify as malicious prosecution.

Elements of malicious prosecution

These cases involve the defendant beginning or continuing a civil or criminal proceeding. The case must be lacking reasonable grounds that would justify believing the allegations in the proceeding. This case has an ulterior motive, or it was brought forth with malice, for some other purpose beyond getting the court’s judgment. The defendant here has already lost the original gratuitous case that was brought against the plaintiff and the plaintiff was damaged by the improper case.

Examples of malicious prosecution

Police misconduct like falsifying warrants to make arrests provides grounds for claims of malicious prosecution. Improperly using the criminal process to collect a debt would also constitute malicious prosecution.

Having someone arrested based on an improper motive or false allegation may also qualify as malicious prosecution. Even financial institutions can become the target of a malicious prosecution claim if they have provided local authorities with false information about a defendant.

Defending against malicious prosecution

If you believe you’ve been victimized by malicious prosecution, contact a lawyer today. Legal counsel may be able to help review your claim, file a tort claim on your behalf and guide you through the legal process.