We Pursue Compensation 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 Attorneys at Law, in New York, our attorneys have represented victims of false arrest and malicious prosecution for decades. 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.
“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 court or the prosecutor dismisses the criminal case against you, it is a good sign that you may be able to sue for malicious prosecution.
However, if you enter a plea of “guilty” or “nolo contendere,” you will likely not be able to sue. Likewise, you cannot usually bring a malicious prosecution claim if you reach a settlement. In order to establish a malicious prosecution claim under New York law, you 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, So Act Now
Malicious prosecution consumes your time and your finances. Victims generally feel hopeless and overmatched, but you’re not alone. We’re on your side.