Malicious prosecution happens when someone is wrongfully put through the legal system without a valid reason. In New York, it refers to a situation where a criminal case was brought against someone without probable cause and with bad intentions. The case must also end in the person’s favor before a malicious prosecution claim can be made.
Malicious prosecution is separate from criminal defense. It is a civil action that may follow after a wrongful criminal charge is resolved.
Examples of malicious prosecution
A common example might involve someone being charged with a crime they did not commit based on false statements. For instance, a neighbor may accuse someone of theft after a personal dispute, knowing the claim is untrue. If the case is dismissed and the accused suffers harm, they may have a potential malicious prosecution claim.
Another example could involve law enforcement. If officers arrest someone without any real evidence, and the charges are later dropped, the accused might argue the arrest was made with malice or in bad faith.
Being wrongfully accused can affect many parts of a person’s life. It may cause reputational damage, job loss and emotional distress. Legal costs can also add up quickly. Even if the charges are dropped, the accused may feel the effects long after the case ends.
If someone believes they were maliciously prosecuted, they may have grounds for a civil claim. To succeed, they must show the case was filed without probable cause, pursued with malice and ended in their favor. They must also show they were harmed as a result.
If you believe you were maliciously prosecuted, it’s essential to seek legal guidance.
