Experienced Malicious Prosecution Lawyers

For most people, the thought of being falsely prosecuted for crimes is unimaginable. Being forced to defend against a prosecution is harrowing enough, whether it is the thought of losing your freedom indefinitely or the cost and anxiety associated with going through a process that can drag on for months and even years. Some are even forced to spend the duration of the prosecution in prison, unable to make bail, which can truly feel like a presumption of guilt when we live in a society that is supposed to stand for the opposite. To a shameful degree many prosecutions are based on some amount of false information, whether it is trumped up charges on top of legitimate other charges to warrant high bail or charges that are all completely false.

For those that are lucky enough to beat these false prosecution charges and have their cases dismissed or are acquitted at trial, they are so glad to put the experience behind them that the thought of pursuing their own action against the very individuals responsible for their prosecution never crosses their mind. However, a dismissal and acquittal does not have to be the only reward. No person deserves to have false charges leveled against them and have the justice system perverted so that officers and prosecutors can carry out their own malicious agendas.

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 charges “stick.” Malicious prosecution is separate from false arrest, which means that even if there was probable cause to arrest an individual, they cannot be charges if there is insufficient cause to believe that they can be successfully prosecuted. It occurs where the 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 immediately during the course of the criminal prosecution so you do not make any mistakes that might affect your ability to bring this claim. For example, in order to pursue this claim, you must have obtained a dismissal or acquittal of some or all of the charges against you, but it is not necessary that you defeat every charge. Therefore, if you have prosecution charges dismissed or you are acquitted of certain charges, you can press a claim to recover for:

  • Loss of liberty
    This includes intangible damages for the time that you were in prison awaiting trial or were out and had to make repeated court appearances in connection with the false charges
  • Humiliation
  • 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 false charges without probable cause, there is a high likelihood that a jury will award a special type of damages known as punitive damages at trial. Punitive damages are meant to punish people who acts are intentionally egregious, which is exactly the type of behavior committed when an officer levels false charges against an individual.

Contact our experienced malicious prosecution attorneys

Cases challenging government officers who refuse to admit wrongdoing and whose attorneys seek to silence your claims from the start are often extremely difficult and complicated. Cohen & Fitch LLP has over a decade of experience standing up to police and prosecutorial agencies and will not be intimidated or waver in their commitment to see that you receive the justice you deserve. Our record of success and of important decisions specifically with respect to malicious prosecution claims gives our clients an unparalleled edge in these cases that other attorneys simply cannot match. Timing is crucial, act now and call Cohen & Fitch LLP today for a free case evaluation.

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