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What can trigger a malicious prosecution suit?

The indignity of being put in handcuffs, taken to jail, and put through a court trial that ultimately reveals law enforcement had no viable evidence against you in the first place can be mentally and emotionally taxing. No New York resident should be humiliated by a prosecution made on false grounds, which can be considered a case of malicious prosecution.

According to FindLaw, a person may seek redress with a malicious prosecution lawsuit if there was no probable cause to go forward with a prosecution and trial. These scenarios usually involve someone having to go through a court trial that ultimately produces no real evidence for guilt. These cases may be dismissed early by the judge, with no guilty verdict or sentencing. Nonetheless, the very experience of being arrested and tried can be humiliating and even damaging to a person’s reputation.

Additionally, someone may file a malicious prosecution suit if they were the target of any criminal proceeding that did not have probable cause to back it up. In other words, the person did not have to be indicted or tried in court for the person to claim malicious prosecution. For instance, someone could be arrested and detained without probable cause. Even a search conducted under the auspices of a search warrant may be malicious if there was no probable cause to back up the warrant.

If a police search, arrest or trial makes no sense to you, the reason may be that an arresting officer or prosecutor had malicious intent. After consulting with an experienced civil rights attorney on the matter, you may understand that you can seek remedy in court for the emotional damage wrought by a malicious prosecution, including possible damage done to your reputation. Keep in mind that malicious prosecution can happen in many different ways, so only read this article for your educational benefit and not as legal advice.

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Belovin Franzblau & Associates, P.C.
2311 White Plains Road
Bronx, NY 10467

Phone: 347-773-3628
Phone: 718-655-2900
Phone: 718-655-2000
Fax: 718-655-2363
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