The legal system is designed to ensure justice and protect the rights of individuals. However, there are instances where legal processes are misused as tools for harm, leading to undue stress, reputational damage, and financial burdens for those targeted. Imagine finding yourself accused of a crime or facing legal action, even though you’ve done nothing wrong. This misuse of the legal system is called malicious prosecution, and it can have serious consequences for the individuals affected.
In this blog, we’ll explore what constitutes malicious prosecution and how it can manifest. We’ll discuss whether malicious prosecution qualifies as a civil rights violation and the legal remedies available to protect your rights. From understanding the elements of malicious prosecution to knowing when it’s time to seek legal assistance, this blog will guide you through the complexities of these cases.
We’ll also touch on the importance of having an experienced malicious prosecution lawyer by your side to help you navigate the legal process and fight for your justice. If you’ve ever wondered how to protect yourself against malicious legal action or suspect you’ve been a victim of it, this blog is here to provide clarity and empower you with knowledge.
What Constitutes Malicious Prosecution?
Malicious prosecution happens when someone files a lawsuit or criminal charges against another person without a valid or probable cause, and with malicious intent. This abuse of the legal system is destructive and unjust because it exposes the accused to unnecessary legal fights, financial strain, mental suffering, and potential reputational ruin. Malicious prosecution can take the form of civil litigation or criminal processes, making it a critical issue in preserving justice and fairness within the legal system.
To resolve malicious prosecution, the falsely accused party may file a legal claim, known as a malicious prosecution case, seeking damages for the harm done. These claims fall under a category of civil wrongs, or torts, known as “dignitary torts,” which focus on injuries to a person’s dignity and reputation, such as emotional distress or abuse of process.
Key Elements of Malicious Prosecution
To successfully prove malicious prosecution in California (and in most jurisdictions), the following elements must be demonstrated:
- Active Involvement: The defendant in the malicious prosecution claim must have played an active role in initiating or continuing the original lawsuit.
- Favorable Outcome: The original case must have ended in favor of the person claiming malicious prosecution (the plaintiff in this action).
- Lack of Probable Cause: A reasonable person in the defendant’s position would not have believed there were legitimate grounds for the original case.
- Malicious Intent: The defendant acted primarily with a purpose other than achieving a legitimate legal victory, such as to harass or harm the plaintiff.
- Harm to the Plaintiff: The plaintiff suffered harm as a result of the malicious lawsuit, such as financial loss, emotional distress, or reputational damage.
- Substantial Factor: The defendant’s actions were a significant factor in causing the plaintiff’s harm.
Types of Malicious Prosecution
Malicious prosecution claims can arise from both criminal and civil cases, though there are some differences in how they are handled:
- Criminal Cases: In malicious criminal prosecution claims, the focus is often on damages for emotional and psychological harm, as well as potential reputational damage. In such cases, plaintiffs may not always need to provide verifiable economic damages.
- Civil Cases: In malicious civil prosecution claims, the plaintiff typically needs to demonstrate quantifiable damages, such as lost wages, medical expenses, or lost business opportunities. States may also require proof of direct interference with or injury to the plaintiff beyond the inconvenience of defending a baseless lawsuit.
Common Examples of Harm
- Defamation: A malicious lawsuit may damage a person’s reputation, leading to financial or professional loss.
- Lost Business: A baseless legal claim could result in lost clients or partnerships.
- Emotional Distress: The stress and emotional toll of defending oneself against unfounded charges can be significant.
How Kirakosian Law Can Help You
If you’ve been a victim of malicious prosecution, Kirakosian Law is here to provide the skilled legal support you need. Our experienced attorneys understand the complexities of malicious prosecution cases and are dedicated to protecting your rights and pursuing justice on your behalf.
At Kirakosian Law, we will:
- Evaluate Your Case
- Build a Strong Claim
- Protect Your Rights
- Seek Maximum Compensation
Malicious prosecution can feel overwhelming and unjust, but you don’t have to face it alone. With Kirakosian Law by your side, you’ll have a team that prioritizes your well-being and works tirelessly to restore justice. Contact us today for a consultation and take the first step toward reclaiming your peace of mind.