Yes, civil attorneys can be sued for malicious prosecution in the same manner and for the same reasons that a criminal prosecutor would be sued for malicious prosecution. The main difference is that victims of malicious prosecution in criminal law are subject to harsher penalties, prison time and in some cases, death, than the victims in civil law.
In a malicious prosecution case, the injury is primarily financial, reputational, or business-related. The person who files the lawsuit is the Plaintiff. The person named as the wrongdoer in the case is the Defendant. In many states, you may recover attorney fees as damages in a malicious prosecution case.
If a prosecutor files such a case and the charges are dismissed, the defendant can sue for malicious prosecution and seek financial damages. The law that allows a malicious prosecution suit is aimed at preventing and addressing abuse of the legal process. An Example of Malicious Prosecution in a Criminal Case
The person filing a malicious prosecution case must be able to prove that the prosecutor named in the suit was actively involved in the criminal case. The businessman can show that the prosecutor filed the charges, handled the case, and supervised other attorneys working on the case—he can satisfy the "active involvement" element.
The best person to go to for advice is a criminal defense attorney who also has experience in civil lawsuits, or a malpractice attorney. An attorney will be able to advise you of your rights and let you know if you may be entitled to money damages in a lawsuit against the state or federal government the prosecutor represented.
When there is attorney malpractice, it is typically because the client’s attorney made a critical mistake which injured the client that a reasonable attorney wouldn’t have made. Malicious prosecution, on the other hand, occurs when the prosecutor or the attorney for the other side commits malpractice, resulting in a lawsuit which never should have been brought in the first place.
Probable cause essentially means that a reasonable person, given the evidence, would think there is a reasonable possibility that you committed the crime. In order to have a successful conviction for malicious prosecution, you must show that the prosecutor did not have any reasonable evidence indicating you committed the crime. The most common examples of malicious prosecution are:
Bringing malicious prosecution claims against a criminal prosecutor can be rather tricky, as criminal prosecutors have governmental immunity in their capacity as advocates of the state. A prosecutor’s immunity is limited to their role as government lawyers though; a prosecutor can’t be sued for charging a person with a crime because that is the prosecutor’s job . They can , however, be sued for performing their jobs recklessly and without regard for the consequences of innocent people.
If you succeed in your lawsuit, you may be entitled to compensatory and punitive damages. Compensatory damages simply means you would be paid back all the money you lost while defending yourself on this charge. This can include things like attorney’s fees, court costs, money lost on taking time off from work, etc.
If you end up being found not guilty of the crime (either originally or on appeal) you can file a lawsuit against the prosecutor for malicious pro secution. Your argument would be that: You were prosecuted for a crime for which you did not commit and therefore were found not guilty. There was no probable cause that you were guilty ...
Let’s say you were charged and prosecuted for a crime you did not commit, and that there was no reasonable way you could have committed the crime. If the prosecutor is aware there is no way you could have committed the crime but decides to try and prosecute you for crime anyway, you may have a case for malicious prosecution.
Malicious prosecution cases are complex and have many legal requirements , as you can see. This is why malicious prosecution is so often an accusation and so seldom an actual lawsuit.
The second element of malicious prosecution requiring reasonable grounds is closely related to probable cause. You should plan on addressing the probable cause elements as part of your malicious prosecution case.
They are important. The first term is “maliciously.” In a civil setting, maliciously means intentionally doing a wrongful act without just cause or excuse. It does not necessarily mean hatred, spite, or ill will. M.A.I. 16.01 (1) (1996 new); see also Sanders v. Daniel Intern Corp., 682 S.W.2d 803 (Mo. banc 1984); and Proctor v. Stevens Employment Services, Inc., 712 S.W.2d 684 (Mo. banc 1986).
Punitive damages are called “exemplary damages” and are not favored by the courts, much like malicious prosecution cases. To get punishment damages in a malicious prosecution case, “the proceedings must have been initiated or continued primarily for a purpose other than that of securing the proper Judication of the claim on which they are based.” Proctor v. Stevens Employment Services, Inc., 712 S.W.2d 684 (6, 7) (Mo. banc 1986). Remember that punitive damages require a separate determination by the court by “clear and convincing evidence,” which is a higher standard. Remember, who you are suing must have acted with a conscious disregard for your rights. I encourage you look to my article on punitive damages to see the specific elements of that cause of action.
Malicious prosecution lawsuits have three main benefits: Compensation for out of pocket and other expenses. Deter or prevent the wrongdoer from wrongfully suing others in the future. Deter other similar wrongdoers from creating victims.
The traditional elements of a lawsuit for malicious prosecution are as follows: The commencement or prosecution of a proceeding against the victim; “Legal Causation” by the present defendant; The lawsuit’s termination in favor of the present plaintiff; The absence of probable cause for the proceeding; The presence of malice; Damage to the victim.
Some victims merely want emotional support. They want someone to tell them they are right, the person that sued them is wrong, and provide sympathy. That is certainly the expected role of family, and friends. It is a whole other matter entirely to counter – sue the person and attempt to win money from them.
The businessman must prove four elements in order to win his malicious prosecution case: 1 the original case (involving criminal charges) was resolved in the businessman's favor 2 the prosecutor was actively involved in the original case 3 the prosecutor did not have the probable cause necessary to file the charges, and 4 the prosecutor initiated or pursued the original case for improper purposes.
Malicious prosecution refers to a criminal or civil case that is filed without an adequate basis and for an improper purpose, such as harassing the defendant, ruining another person's reputation, or to knowingly place blame on someone other than the actual wrongdoer. If a prosecutor files such a case and the charges are dismissed, ...
To prove improper purposes, the person filing a malicious prosecution suit must show that the prosecutor didn't just make a mistake or get bad information and reasonably rely on that information. In the example above, the businessman must prove that the prosecutor instigated the criminal case because of his anger or with the intent to bring false charges, harass the businessman, or damage his reputation. Without direct evidence of intent, the businessman can argue that the decision to pursue the case without probable cause proves improper purpose (perhaps the businessman can prove the prosecutor knew or should have known the evidence was insufficient).
An Example of Malicious Prosecution in a Criminal Case. A county prosecutor runs for mayor and loses the election. He believes that a local businessman who is active in politics played a large role in sabotaging his campaign. The prosecutor becomes obsessed with the idea that the businessman caused him to lose the election.
The businessman must prove four elements in order to win his malicious prosecution case: the original case (involving criminal charges) was resolved in the businessman's favor. the prosecutor was actively involved in the original case. the prosecutor did not have the probable cause necessary to file the charges, and.
Without direct evidence of intent, the businessman can argue that the decision to pursue the case without probable cause proves improper purpose (perhaps the businessman can prove the prosecutor knew or should have known the evidence was insufficient).
A prosecutor has probable cause if there is enough evidence to support a reasonable suspicion that the defendant committed a crime or that the defendant more likely than not committed a crime. At the start of criminal proceedings, a prosecutor does not need to have enough evidence to prove the crime absolutely or beyond a reasonable doubt, but the prosecutor must reasonably believe the defendant is guilty.
When a person is successful in his or her malicious prosecution claim, the person can recover both economic and non-economic damages.
Malicious prosecution is a civil cause of action in California that you bring when a person files a frivolous claim against you – a lawsuit was filed not based on merits of the claim, but rather for some ulterior purpose – and you suffered damages as a result.
Civil Lawsuit A claim of malicious prosecution is a ... Malicious prosecution is a civil cause of action in California that you bring when a person files a frivolous claim against you – a lawsuit was filed not based on merits of the claim, but rather for some ulterior purpose – and you suffered damages as a result.
The police arrest Alice, and she is charged with a crime. Eventually, the police and prosecutor realize Alice is innocent and drop all charges. Alice can file a claim for malicious prosecution against Susan. In the above example, Susan can be sued even though it was the prosecutor that brought the charges.
There are four main elements for a malicious prosecution suit in California: Lack of Probable Cause: If a claim is brought for an improper purpose or without justification, the case is without probable cause.
There is a one or two-year statute of limitations to bring a malicious prosecution suit depending on the case. The one-year limit usually applies to cases where the defendant is an attorney. 9
Anita wins the lawsuit as it is clear from the evidence she did not commit the damage. She can file a malicious prosecution lawsuit against James because he acted with malice to bring a frivolous lawsuit against her, and she suffered financial loss as a result. 2.
It helps to understand who’s who in malicious prosecution cases: The person who files the lawsuit is the Plaintiff. The person named as the wrongdoer in the case is the Defendant. In many states, you may recover attorney fees as damages in a malicious prosecution case.
In most states, you can usually sue for malicious prosecution in one of three categories: Criminal cases. Civil cases. Administrative cases.
Malicious prosecution is generally defined as the act of filing a lawsuit for an improper purpose without valid grounds.
Using the legal system to injure somebody else is wrong. In most states, it’s called “malicious prosecution .” (Some states call it “abuse of process.”) If you’ve been the victim of malicious prosecution , you may be able to recover your attorney fees and other damages.
Consider Ed the contractor again. His customer filed a complaint against him in order to avoid payment. By winning a malicious prosecution case, Ed has a court judgment showing the earlier action against his license was wrong. That public record will clear up any doubt that Ed is an ethical contractor who does good work.
If someone falsely tells a police officer that you attacked them, you may have a claim for malicious prosecution.
1. Pro ving a malicious prosecution claim is harder. To win in court or settle a claim, you have to be able to prove it. Courts require better evidence to prove a claim for malicious prosecution than a more standard personal injury claim. In a car accident case, you may have to prove by a preponderance of the evidence that a driver carelessly ...
Criminal and civil courts exist to further the interests of justice. Unfortunately, prosecutors and plaintiffs occasionally ignore the law and use the justice system to lodge unwarranted allegations against innocent individuals. Fortunately, victims of this type of misconduct do have a legal remedy available to them. In a malicious prosecution case, a person who has been targeted can pursue compensation from those who brought a case against them for improper reasons.
Improper civil lawsuits can also give rise to a malicious prosecution claim. However, those who feel they were wrongly targeted by a civil action typically have to demonstrate the damages that they suffered as a result of the unwarranted filing. For example, a victim can seek reimbursement for legal fees that were spent or present evidence that their business was harmed because of the lawsuit filed against them. Whether your situation stems from a criminal or civil proceeding, by searching for a qualified attorney on Lawyers.com, you can find an advocate who is ready to bring a malicious prosecution case on your behalf.
Most lawsuits come about after someone suffers injuries or damages due to the actions of another person. These lawsuits seek to make the victim “whole” again through compensation. However, not everyone utilizes the law in a proper fashion.
Many people conflate the two terms “malicious prosecution” and “abuse of process.” However, these two phrases mean different things. While they are similar at first glance, there are several key distinctions between the allegations.
The plaintiff must show the following four criteria in order to win a malicious prosecution lawsuit.
Prosecutors who file criminal prosecutions without sufficient cause may be sued, and prosecutorial immunity may be revoked if the prosecutors’ acts are bad enough.
While these cases are sometimes difficult to pursue, there are notable positives involved.
In a malicious prosecution case, the plaintiff may be able to obtain money from the defendant for specific damages. Loss of reputation and credit, shame, and mental anguish are all common injuries.
If you suffered from malicious prosecution in Illinois, Curcio Law Offices stand ready to help you. Our highly respected Chicago police misconduct attorneys have extensive experience litigating on behalf of victims of police misconduct, malicious prosecution, and much more.