Malicious Prosecution and Abuse of Process | HKD

Malicious Prosecution in New York

In our legal justice system, prosecutors have a tremendous amount of authority and power to press criminal charges against citizens. An oft-repeated line originally attributed to a former New York State chief judge suggests that a district attorney could have a ham sandwich indicted if he wanted.

Malicious prosecution, or taking a person to court on false charges, is thankfully the exception rather than the rule, but unfortunately, it does occur. If you have been the victim of such an injustice, it is easy to feel overwhelmed and uncertain where to turn. But it is important to remember that you are not alone. Such activity is illegal, the law is on your side and we can help you to seek justice.

If you have been notified of legal charges against you that are false or have been cleared of phony charges, contact Hecht, Kleeger & Damashek, P.C. for legal help as soon as possible. We can assist and advise you, and help to mitigate or end the personal and financial damage that a malicious prosecution may cause.

What is Malicious Prosecution?

Malicious prosecution is taking a person to court on false charges. Malicious prosecution is distinct from false arrest or false imprisonment. In most cases, a person is falsely charged with a crime, but malicious prosecution may also apply to civil complaints such as lawsuits that are without merit. Taking false legal action through the courts to harass, embarrass or cost someone money is also sometimes known as engaging in vexatious litigation.

Being falsely accused of a crime or any misdeed in the public arena of the courts can have a devastating effect on your life, even if you are ultimately found not guilty. Your reputation, career and relationships can be harmed irreparably. The costs to defend yourself can be terribly destructive financially.

The response to this kind of legal harassment is known as pursuing a malicious prosecution claim. Such a claim seeks compensation for the legal costs (attorney’s fees and court costs) of defending yourself against the original charge and for such injuries as:

  • Humiliation
  • Mental suffering
  • Discomfort
  • Loss of reputation and credit
  • Injury to health
  • Loss of time
  • Societal deprivation

A malicious prosecution claim seeks punitive damages, which may be awarded to punish the responsible party and serve as a warning to those who would act in a similar fashion.

A malicious prosecution complaint must be based on a proceeding that was conducted against you but ultimately terminated in your favor. You must be able to demonstrate that there was a lack of probable cause for initiating the proceeding, that the defendant was active in the start or progress of charges against you, and that actual malice was involved in bringing the case forward. Probable cause means that the arresting officer and/or prosecutor had knowledge of a crime being committed or reasonably trustworthy information leading to this belief.

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Construction Workers Injured on an Exterior Scaffold

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We Stand Up for Victims of Malicious Prosecution

If you have been subject to false and malicious prosecution, you need legal assistance right away. Particularly if you have been charged with a criminal complaint in New York City courts, you need an attorney who is ready and able to go toe-to-toe with a NYC prosecutor.

Hecht, Kleeger & Damashek, P.C. is a New York City law firm with the experience and resources to properly represent you in a malicious prosecution claim. We will thoroughly investigate your case and work diligently to right the wrong that has been done to you. We will seek evidence that demonstrates:

  • Failure to make complete and true statements regarding charges against you
  • Failure to fully investigate the facts of allegations made against you
  • Misrepresentation or fabrication of evidence
  • Obtaining apparent probable cause through false means
  • Obtaining an unwarranted indictment.

Technically, the legal action of a malicious prosecution case focuses on the abuse of the legal process, not on the allegedly untruthful and/or defamatory statements made about the plaintiff. The defendant must have in some way initiated the false charges against the plaintiff or helped to keep them alive.

The investigation required to mount a malicious prosecution claim may find that the prosecutor was acting in good faith and was, in fact, misled by the police involved with the case. In some cases, a third party may have misled the police and district attorney and is rightly the object of the malicious prosecution complaint.

Malicious prosecution cases must be balanced with the ability of the courts and the police to pursue cases without fear of retaliation. A malicious prosecution claim will only be successful if solid evidence can be compiled and presented in a convincing manner.

The final result of a successful malicious prosecution claim is appropriate and full restitution to you for the damage caused and for the pain you have suffered, as well as the court’s rebuke of the prosecutor’s and/or others’ wrongful abuse of you and the justice system.

It is your right to seek restitution for the financial and personal injustice you have had to bear because of false charges leveled against you. If you think you have a claim, you owe it to yourself as well as others who may face the same abuse to discuss your legal options with a New York attorney who understands malicious prosecution claims.

Contact Us to Fight Back Against Malicious Prosecution

If you have been the target of a criminal or civil complaint as a means of harassment, intimidation or other abuse, you need legal representation now. At Hecht Kleeger & Damashek, P.C., our civil rights lawyers in New York City will approach your case energetically from the outset. We can assist and advise you as you face charges and/or follow up with a malicious prosecution claim on your behalf once charges are withdrawn, dismissed or decided in your favor. We will conduct a thorough investigation and collect evidence to help build a compelling case on your behalf.

Contact us today for a free consultation so that you may have your questions answered and understand the process ahead. Hecht, Kleeger & Damashek, P.C. is here to provide you with the legal representation you both need and deserve.

CLIENT REVIEWS

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09/09/2021

When I spoke to Mr.Noah Reiss he gave me valuable legal advice. Connected the dots who and why. He is a great asset to this firm. Will call him again as a friend. Thank you so much.

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08/11/2021

Ross Raggio, did an amazing job on my case. The office staff was responsive and very helpful to my questions and concerns. I had a very good experience. I highly recommend this firm.

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06/22/2021

I had a great lawyer with a great Paralegal that made everything easy to understand.

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04/01/2021

I am extremely satisfied and pleased most of all grateful for the services of Jonathan and his team! It is such a relief to have a strong team supporting you through a process that’s stressful. Thank you again for everything.

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03/01/2021

Hetch,Kleeger & Damashek, P.C., is the law office I highly recommend. My attorney Judd Kleeger, accomplished to represent me, support my needs & secure my future after suffering a traumatic accident. Other lawyers couldn’t guarantee this to me but Judd…

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02/25/2021

I can say without hesitation that if you are injured due to someone else’s fault, that no one will fight harder and more passionately for you than Jordan Hecht and Judd Kleeger. I have worked side by side with them…

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02/23/2021

Amazing job, settled my case in 90 days.

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02/23/2021

I highly recommend the law firm of Hecht, Kleeger & Damashek – as well as my attorney, Jordan Hecht. Jordan was able to answer all of my questions and put me at ease. He was always responsive and patient. He…

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02/23/2021

I have referred numerous cases to Judd Kleeger and the team at HKD. I feel very confident when i refer a client that they will be treated with the highest regard. Each of my referrals has had very positive experiences…

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01/29/2021

I was always able to reach my attorney Judd Kleeger with any concern I had about my case. He responded timely and with the utmost courtesy to my sometimes desperate phone calls and email. He knew exactly what to do…

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01/19/2021

The attorneys at Hecht, Kleeger & Damashek are smart, professional, responsive and dedicated to achieving the best results for their clients. Most importantly, they are trustworthy and genuinely good people who you can depend upon.

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01/18/2021

Judd Kleeger and his team are extremely competent, super professional and have achieved consistently better results than I or my clients had anticipated. He is my “go to” PI team. This was my experience over a decade and not just…

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01/15/2021

I have known Judd Kleeger for over a decade now. By far the smartest hardest working attorney I have ever dealt with. His advice has been spot on time and time again. Highly recommend him.

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01/15/2021

I retained Judd Kleeger for a personal injury case. I would, without hesitation, recommend Judd, and his firm, for anyone who finds themselves in a situation that demands a tenacious advocate who will not stop fighting until he gets results.

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01/15/2021

I can’t recommend Judd Kleeger enough. He is without a doubt the most professional lawyer I’ve encountered. Judd Kleeger is diligent and quick in his responses, always making sure his clients are in the right hands. I’ve never had to…

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01/14/2021

Judd Kleeger is an exceptional attorney who makes sure to get the best possible outcome for his client. He is always available, and is knowledgeable, prepared and dedicated to his clients. He is not afraid to go to trial and…

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01/14/2021

Mr. Judd Kleeger and his team at Hecht, Kleeger & Damashek are great! They always provide very thoughtful and caring advice. Mr. Kleeger is extremely professional and very easy to work with.

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01/06/2021

We quickly had to get legal counsel and we contacted Jordan Hecht. The rapport and guidance was outstanding at all times, prompt, timely and open for calls and updates. I can’t thank Jordan enough for his care, work and expertise….

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12/29/2020

Had a great experience with attorney Ross Raggio. He was professional and attentive every step of the way – would highly recommend.

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12/28/2020

Mr. Ross Raggio and his team at Hecht, Kleeger & Damashek, P.C., provided excellent legal services. His team and him were absolutely great, always returning calls or emails when we had questions about the case. Always very cordial, caring and…

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12/11/2020

My wife and i are very grateful to Mr. Jordan Hecht for his sincere compassion and legal assistance during one of the most challenging time in our lives. He was extremely professional and answered all of our concerns. Mr. Hecht…

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12/10/2020

Very professional and very responsive. I would highly recommend this firm to anyone in need of an attorney. The attorney Ross Raggio, who was personally assigned to my case consistently followed through and was able to bring the case to…

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12/08/2020

Mr. Ross Raggio went above and beyond to settle my case during the height of the pandemic, a time when my options appeared limited and the likelihood of a satisfactory resolution seemed slim. He was responsive and professional, and was…

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12/07/2020

I was a sole practitioner specializing in personal injury law in NYC for more than 36 years. When I decided to retire, I had to make several critical decisions before terminating my practice. To whom should I refer my clients…

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12/07/2020

Ross was always available and working with my best interests, also very thorough with any questions I had along the case. Will recommend to others!

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12/04/2020

Jordan Hecht of Hecht, Kleeger & Damashek is the best lawyer I’ve ever worked with.  He is smart, tough, and very professional. I highly recommend the firm and could not have asked for a better outcome.

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12/03/2020

The HKD law firm is highly professional, responsive and caring. They were willing to handle my case when other firms declined. Not only did we win our case, but received a huge settlement.

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12/03/2020

My representation by Jordan Hecht and the whole staff at Hecht, Kleeger and Damashek was top notch professional and very productive

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12/02/2020

I have had the pleasure to work alongside Ross Raggio on several matters. He is an extremely talented attorney with an exceptional understanding of the law. I would recommend him and HK&D to anyone looking for a personal injury attorney.

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12/02/2020

I came to know the firm through my relationship with one of the partners, Jordan Hecht. Jordan and I became close friends in law school. I have since referred several cases to Jordan and his firm ranging from a mesothelioma…

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12/02/2020

From the moment that I contacted this Law firm and got assigned Mr. Ross. They have been nothing but helpful, Especially Mr. Ross. In the time that Mr. Ross took my case, it took him 3 months to a get…

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10/27/2020

The best

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01/21/2020

I cannot speak highly enough about this firm. The situation that necessitated my need for legal representation was very stressful on me and my family and the lawyers here were with me every step of the way. I could always…

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07/05/2015

I retained Hecht, Kleeger & Damashek for a serious personal injury case. They were very professional and managed to obtain a settlement for me that far exceeded my expectations. I would strongly recommend this firm for anyone’s legal needs.

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07/05/2015

After meeting a half dozen lawyers at different firms, I decided to go to Hecht, Kleeger and Damashek. As soon as I met Jon Damashek, I knew I had to look no further. Mr. Damashek made me feel at ease…

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07/05/2015

After meeting with Jon Damashek I knew immediately he was the right attorney for me. I had met with other attorneys in the past, but Jon’s experience, knowledge, and track record were most impressive. I highly recommend Jon Damashek and…

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07/05/2015

I know all three named partners at this firm and highly recommend them. They are very professional and tireless advocates for their clients. If you need a personal injury attorney, you cannot do better than Hecht, Kleeger & Damashek.

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07/05/2015

I have worked with countless attorneys over the years and Jon Damashek stands out among them. I have seen first hand him advocate for his clients vigorously. He fights for the rights of the seriously injured, does not back down…

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07/05/2015

I had the opportunity to work with Jon Damashek and had an amazing experience. I have known Jon for many years and always felt very comfortable relying on his expertise and knowledge of the law and more importantly his ability…

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07/05/2015

I cannot recommend Jon Damashek highly enough. I attribute the favorable outcome to my case to his consummate and tireless dedication and tenacity. Just as important, he was truly there with me every step of the way. He was very…

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06/05/2019

I had the opportunity of having this amazing team of lawyers work on my case. When I first met with Jordan Hecht and Michael Kusz, I really liked their energy and the spunk that they had, it meant business and…

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05/01/2015

“I had the opportunity to work with Jon Damashek and had an amazing experience. I have known Jon for many years and always felt very comfortable relying on his expertise, knowledge of the law, and more importantly – his ability…

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05/01/2015

“I cannot recommend Jon Damashek highly enough. I attribute the favorable outcome of my case to his consummate and tireless dedication and tenacity. Just as important, he was truly there with me every step of the way. He was very…

5 Stars Review 5
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Average 5 out of 5 rating based on 43 Reviews