When you are on the receiving end of a criminal charge or civil lawsuit, you may very well feel the charge or lawsuit is unjustified. It’s my job to defend your rights and freedoms and mitigate the damage caused to your life by these legal actions. But sometimes it goes deeper than guilt or innocence. Sometimes, a person filing a charge or suit has something other than justice on their mind. They may be out to harm someone for no good reason. That is called “malicious prosecution.”
Malicious prosecution occurs in both criminal and civil cases. There are three discrete elements present in every case where malicious prosecution occurs:
1. The filing of a criminal charge or civil lawsuit for malicious purposes;
2. Without probable cause; which is
3. Resolved in the defendant’s favor.
First, the legal action must be brought for malicious purposes, as opposed to an honest mistake, incompetence, or some other reason. The legal action cannot simply be unjustified. Rather, the prosecutor or plaintiff must have some reason to want to cause you harm. This usually is the result of some prior history between the two of you.
Second, the prosecutor or plaintiff must not have had probable cause to believe you were guilty of a crime or tort. “Probable cause” does not mean proof. It simply means a reasonable belief.
Third, the legal action must be resolved in your favor. Usually, this means the charge or lawsuit is dismissed by a judge. If a judge refuses to dismiss the case, and you instead have to defend yourself at trial, it is much harder to prove malicious prosecution.
Winning a malicious prosecution case is a tall order. But if you are a victim of such treatment, it is very important to you – and equally important to me – that justice be served. I take pride in being one of the hardest-working criminal defense attorneys in Miami, and I want to take your case. If you think you may have a malicious prosecution case, please do not wait – call today.
We answer calls and emails 24/7. Call Jordan Redavid now at 305-938-9939, or send an email using the form below.