Malicious Prosecution Attorney/Lawyers in New York

What is Malicious Prosecution?

Malicious prosecution is a civil rights claim recognized under federal and state law for individuals who have been prosecuted based on false allegations. It occurs when an officer arrests an individual and then lies to prosecutors about the facts and circumstances of the alleged crimes committed. It can also occur where officers cover up, conceal or manipulate the evidence of innocence in order to make the changes “stick.” Malicious prosecution is separate from false arrest, which means that even if there was probable cause to arrest an individual, they cannot be charged if there is insufficient cause to believe that they can be successfully prosecuted. It occurs where either the entire prosecution is false or where certain charges are false – even if others are legitimate – and those false charges caused you to suffer a loss of your liberty as a result.

Malicious prosecution claims are also far more complex than false arrest claims, so it is imperative that you understand your rights when pursuing any form of restitution in these cases. This should be done in order to ensure that you do not make any mistakes that could affect your ability to continue pursuing your claim. For example, in order to pursue this particular type of claim, you should have obtained dismissal or acquittal for some or all of the charges held against you. Though it may not be entirely necessary for you to defeat every charge in order to pursue a claim. Once you've had all charges dismissed or you are acquitted of certain charges, you can then pursue a claim to recover any:

• Loss of liberty/freedom. This includes any lost time or money while you were in prison awaiting trial, or making repeated court appearances in connection with false charges.
• Humiliation suffered.
• Loss of reputation.
• Economic losses.
• Psychological injuries.
• Emotional distress.
• Physical injuries.

In addition to these damages, because this claim involves the malicious act of bringing upon false charges without any probable cause, there is a high likelihood that a jury will award you with punitive damages as a result. Punitive damages are meant to punish people who are intentionally egregious towards you. This is exactly the type of behavior committed when an officer has levied false charges against another individual.