A person's reputation, wealth, and emotional state could all suffer from malicious prosecution. Individuals unlawfully implicated in criminal or civil proceedings in New York can seek compensation under a malicious prosecution claim. 

The purpose of this post is to discuss what malicious prosecution involves, the rules needed to prove such a case, and how malicious prosecution attorneys in New York assist victims in seeking compensation.

Common Scenarios of Malicious Prosecution

• False criminal charges: Misusing the law by filing cases without genuine evidence.

• Baseless civil lawsuits are used to bully, trouble, or harm someone's reputation.

• Law enforcement misconduct occurs when an officer arrests or charges someone without sufficient reason.

Although lawsuits are generally filed honestly, there are times when people use the legal system for personal revenge.

 

Who Can Make a Malicious Prosecution Claim in New York

To win a malicious prosecution case, the petitioner must establish the following in New York:

1. The defendant initiated a legal proceeding: The defendant started a lawsuit in court, which can be a criminal offense or a civil claim.

2. The proceeding ended in the plaintiff's favor: The case was dismissed, or the plaintiff was declared not guilty.

3. Lack of probable cause: The person who began the process did not have enough evidence to prove the allegations as factual.

4. Malice: Personal hatred was the driving force for the defendant, rather than a desire to do justice.

5. Damages: The plaintiff was injured by the prosecution, resulting in expenses, a damaged reputation, emotional trouble, or substantial losses.

For all of these factors, the evidence must be weighed in favor of one side, which can be challenging to do without expert help.

 

Criminal vs. Civil Malicious Prosecution

Malicious prosecution claims may begin in criminal or civil litigation in New York. In criminal malicious prosecution, police or prosecutors usually file legal claims against a person without a reasonable cause. In civil malicious prosecution, someone sues another person in bad faith, typically without a good reason. Courts are careful not to discourage people from suing, which is why it can be hard to prove a civil malicious prosecution case.

 

Challenges in Pursuing a Claim

Making a malicious prosecution claim is difficult because of the many legal obstacles. The challenge of malice is to prove that the defendant had a wrong purpose and not just acted incorrectly. Laws often prevent members of the public, like prosecutors and police, from being sued because they hold public office.

Additionally, achieving a favorable result in the original case may be challenging. Only certain dismissals are allowed—the case must be resolved in a manner suggesting that the accused did not commit the crime.

 

Role of Malicious Prosecution Attorneys

Experienced lawyers assist clients in navigating the complex process of malicious prosecution cases. Most of their duties are:

• Case evaluation

• Evidence gathering

• Filing the lawsuit

• Advocacy in court
   

Because of the legal nuances involved, consulting with an attorney in New York civil rights and tort law is essential.

 

Statute of Limitations in New York

A statute of limitations covers most malicious prosecution claims in New York. The plaintiff typically has one year to bring a malicious prosecution claim after the underlying tribunal closes the case in favor of the plaintiff. Still, this period may take longer if the defendant is a government agency or an employee of one. A prompt meeting with an attorney can ensure that critical deadlines are met.

 

Potential Damages

Those who are victims of malicious prosecution may be eligible for different types of compensation, including:

• Damages awarded by a court may cover financial losses, attorney fees, and emotional distress.

• Punitive damages are given when the defendant acted in a very careless or intentionally harmful way.

• A case can lead to reputational harm if it causes severe damage to a plaintiff's social or work reputation.

Having the proper documentation and an attorney is essential to maximize your compensation.

 

Final Thoughts

Suffering through a malicious prosecution can cause harm to a person's reputation, finances, and emotional well-being. The good news is that legislative efforts allow victims to obtain redress in New York. Although these legal issues are challenging to resolve, with the assistance of experienced malicious prosecution attorneys in New York, we can still hold wrongdoers accountable and achieve justice.

If you think you've been accused without any cause, the first thing to do is check your rights. A skilled attorney can guide you through your case, clarify the law, and ensure you get the compensation you should receive.