What Malicious Prosecution Is And What You Can Do About It?
When charged with a crime, you are entitled to due process, which might involve a trial or other legal proceedings. The legal professional attempting to prove your guilt is known as a prosecutor.
That said, this individual is expected to carry out their duties professionally and within all acceptable legal boundaries. Unfortunately, however, certain unscrupulous attorneys do not abide by such guidelines and may commit an illegal act called malicious prosecution.
Malicious Prosecution Overview
Basically, malicious prosecution occurs when a prosecuting attorney accuses you of a crime you did not commit.
Legitimate malicious prosecution claims hinge on your capacity to prove five key elements, including the initiation of a legal proceeding against you, the prosecutor lacked any reasonable grounds to base such charges, said legal official possessed no true purpose for beginning the case other than to win a judgement against you, the prosecutor in question lost their original case against you, and you suffered some type of discernible loss as a result.
Can The Offending Lawyer Themselves Be Prosecuted?
Lawyers believed to have engaged in said actions can be brought up on civil and criminal charges.
Successfully Proving Malicious Prosecution
Success in a malicious prosecution suit greatly hinges on your ability to demonstrate the prosecutor lacked proper evidence to formulate a legitimate case. However, mere hearsay and refuted claims are not enough.
As the claimant, you and your Philadelphia criminal defense attorney need to produce some type of viable or documented proof, such as falsified or the submission of generated evidence, a deliberate failing to disclose key facts or evidence, the ignoring of testimony that no professional or experienced lawyer could rightfully deny, or failing to obtain testimony from important witnesses or experts.
Should a ruling party like a judge or jury believe your claims, you might be entitled to compensation. Common remittances include the legal expenses you incurred. Other damages might be awarded like wages lost from missed work time spent preparing for and attending various legal proceedings. In legal terms, these are known as compensatory damages.
Moreover, you might also seek and be awarded punitive damages. These are separate rewards given out to victims of malicious or deliberate acts.
Contacting The Brennan Law Offices
If you believe you may have been the victim of malicious prosecution, you will want to choose from amongst the top PA criminal lawyers to represent you in such matters. The Brennan Law Group has handled several such cases and boasts a favorable track record in said endeavors.
To learn more about our firm, we ask you to visit https://www.philadelphiacriminallaw.com/.