Sunday, February 16, 2020

What is Malicious Prosecution?

Being wrongly prosecuted for crimes is something that no one would have ever thought of in their worst dreams. The whole wrongful prosecution process can put you in a situation where you suffer physically, emotionally and financially. It doesn’t matter if the accusations were false or true, a person goes through a lot when prosecuted falsely. Some of the repercussions that come from the result are defamation, harassment, emotional pain, economic losses, the humiliation suffered, etc.

A lack of sufficient evidence in such cases, not only cost the defendant’s valuable time but a substantial amount of money. Also, claiming malicious prosecution is not that easy. In fact, it is rather a complex process than making a false arrest claim. Any mistake that happens during the process can affect the claim filed.

But in this case, you can take help from malicious prosecution lawyers in NY to sue the person for malicious prosecution. 



Let’s understand what is malicious prosecution?

Malicious prosecution is a tort that means a person has been prosecuted on false allegations.

If we go by the definition, it says, “criminal prosecution which is carried on maliciously and without probable cause.”

Malicious prosecution is termed as a baseless claim that has no strong evidence and is targeted to defame and harm the person professionally, financially and personally.


What do you need to do if you are prosecuted falsely?

People affected by malicious prosecution go through unpleasant experiences. They suffer from several damages during a malicious prosecution. To prove that the police officer did not have sufficient grounds is not that simple. The problem here is several government agencies and law enforcement agencies have immunity against the legal actions taken for private citizens in most of the situations. Thus, you have to focus on proving that a malicious prosecutor has partaken in unreasonable conduct and purposeful act.

One of the main difficulties faced by victims is found in state laws. Some states describe malicious prosecution cases not exactly the same way and will allow a plaintiff to file an action for some. In some situations, a judge may discharge from allegations or enable the plaintiff to initiate a lawsuit for unfair trials.

If you are a victim of malicious prosecution, hiring qualified and highly experienced malicious prosecution lawyers in NY will help you file a claim for the damages and losses suffered by you.

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