You may have a malicious prosecution claim if you have been arrested and charged with crimes you did not commit. There are several elements that you must establish with evidence to make out a claim for malicious prosecution against police and prosecutors.
Generally speaking, in order to prevail on a malicious prosecution claim, you would need to establish that your prosecution was commenced without probable cause and that the prosecution was terminated in your favor. You must also demonstrate that the police officer or prosecutor uninitiated your prosecution and that they did so with malice. Each of these questions involve fact specific legal analysis.
Probable cause is a complex concept. For purposes of malicious prosecution, it means that there were facts and circumstances that would lead a reasonably prudent person faced with similar circumstances to conclude that the plaintiff was guilty of the alleged acts.
Similarly, whether an action terminated favorably can be confusing for a layperson. To preserve your rights to any possible malicious prosecution claim, it is important to speak to an experienced civil rights attorney as soon as possible. Our attorneys here at Phillips and Associates are experienced in litigating malicious prosecution claims.
Malicious prosecution in a criminal case can have devastating consequences for an individual, including loss of freedom, financial penalties, and a ruined reputation. At Phillips & Associates, our civil rights attorneys can assist people victimized by prosecutorial misconduct throughout New York City.Consult a New York City Attorney after a Civil Rights Violation
At Phillips & Associates, our civil rights lawyers offer experienced representation for individuals in New York City whose rights have been infringed, from Staten Island and Manhattan to Brooklyn and Queens. Call us at (212) 248-7431 or contact us through our online form.