Malicious Prosecution

Police misconduct and brutality can take many forms, and one aspect that often goes overlooked is malicious prosecution. This abuse of power involves the wrongful initiation of legal proceedings against innocent individuals, doing untold damage to their lives, reputations, and mental health. If you or a loved one have been the victim of malicious prosecution in New York or New Jersey, trust the experienced legal team at Brustein Law to uphold your rights and tirelessly pursue justice.

What is Malicious Prosecution?

Malicious prosecution occurs when an individual in a position of power, most commonly a police officer, abuses their power by initiating civil or criminal legal proceedings against an individual without an adequate legal basis with the sole intent of harming or harassing that individual. This egregious abuse of authority is unacceptable and shouldn’t go unpunished. Fortunately, New York and New Jersey law provides legal recourse against the responsible party to recover damages for the harm caused.

Claims Related to Malicious Prosecution

Malicious prosecution cases often involve other violations, including:

  • False Arrest: A wrongful arrest made without probable cause.

  • Abuse of Process: The improper use of legal procedures for an ulterior motive.

  • False Imprisonment: The unlawful restraint of an individual against their will and without sufficient legal justification.

  • Wrongful Detention: An unlawful, prolonged detention without legal justification.

  • Fabrication of Evidence: The creation or presentation of false evidence to support unfounded criminal charges.

Proving Malicious Prosecution

To make a successful malicious prosecution claim, you must demonstrate, with the help of an experienced New York and New Jersey malicious prosecution attorney, that:

  • The individual being sued initiated the malicious prosecution,

  • The prosecution was initiated without probable cause or a reasonable legal basis,

  • The true purpose of the prosecution was to harass, harm, or embarrass the victim and

  • The charges that were the subject of the malicious prosecution were resolved in the victim’s favor.

Police officers in New York and New Jersey enjoy the privilege of police immunity, meaning they are protected from prosecution for reasonable actions performed in the line of duty. For a successful malicious prosecution claim, you must show that the officer acted with actual malice, not just a procedural mistake. To overcome this hurdle, your skilled and seasoned attorney can help you demonstrate that the officer’s conduct was willful, unreasonable, and violated your constitutional rights.

Different Types of Damages Brustein Law Can Help Fight For

If you have been subjected to malicious prosecution, you may be able to receive compensation for certain damages, including:

  • Emotional distress and mental anguish

  • Pain and suffering

  • Damage to your reputation

  • Damage to meaningful relationships

  • Lost income

  • Attorney’s fees and court costs

  • Medical bills for any mental health treatment needed as a result of the malicious prosecution

  • Punitive damages are awarded in rare cases where the court wants to punish especially egregious, intentional, and malicious wrongdoing.

Contact Us Today

Malicious prosecution law is complex, so it’s essential to work with a skilled and seasoned attorney who understands the legal landscape in New York and New Jersey. Trust a law firm with a deep commitment to justice to bring credibility to your truth. Brustein Law is ready to fight tirelessly for you, your future, and your freedom. Contact us today for a free and confidential consultation.