Another type of malicious prosecution is the instigation of criminal proceedings by one party against another maliciously and without probable cause. If those proceedings ended in a manner favorable to the person prosecuted, a suit for malicious prosecution can be applied.

An individual instigates criminal proceedings against another by bringing or actively cooperating in bringing the criminal charges. When the controlling motive for starting criminal proceedings is any reason other than a desire for justice, malice may exist.

An individual wrongly prosecuted may be entitled to damages which will compensates them fairly for losses sustained as a result of the criminal proceeding.

Some of the losses associated with malicious prosecution are:

Additionally, if a defendant acted with malice to instigate the criminal proceeding, the judge may award punitive damages to punish the defendant for his actions and serve as an example to caution others against acting in a similar way.

There are many elements of a malicious prosecution case which must be considered, evaluated, and investigated.

Some of these elements include:

When an accusation of malicious prosecution occurs the case is brought before a court to evaluate if the complaining party has the legal ability to file the charge of malicious prosecution.

Malicious prosecution charges can, at times, be frivolous and/or filed to extend or distract a case from moving forward. However, since this behavior is dealt with in a severe manner by the courts, there are not many lawyers which charge malicious prosecution for this reason.

Additionally, malicious prosecution cases can become difficult to file and to prove because the element of malice must be present. Intentional actual malice must be clearly identified separately from normal aggressive legal practices, and, therefore, making a malicious prosecution charge difficult to prove.

Although malice may often times be inferred, most courts of law require an open case of malice before a malicious prosecution charge can be brought.

Typically, in cases of malicious prosecution the client is actually the one who prods their legal counsel to aggressively pursue their legal matters. This client-initiated insistence is fairly common and generally legal. It usually does not create a malicious prosecution case. Not only is this behavior legal, it is widely encouraged.

However, when a lawyer crosses the line and pursues a party for no apparent reason other than malice the act becomes malicious prosecution and is illegal. Charges of malicious prosecution can actually harm a case to such an extent that the case is dismissed without findings. Where malicious prosecution is baseless, it is everyone's right in the United States to be protected from it.

If you have been involved in a legal issue and believe it is because of a malicious action rather than an actual legal issue, you may be able to defend yourself through the use of malicious prosecution laws.

It is important to contact a lawyer experienced in malicious prosecution law immediately to protect yourself and your legal interests. You should not, however, compromise your rights by making a statement to the press, insurance investigators, potential defendants, their lawyers or any other party in a professional capacity.

Before taking any of these actions you should contact a personal injury lawyer experienced in malicious prosecution cases to find out about your rights and ensure that they are protected.

If you, or a loved one, have been the victim of a malicious prosecution, please do not hesitate to contact our office for a free consultation and case evaluation.