Malicious Prosecution in New York
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, Personal Injury Lawyers, 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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