Criminal charges are serious and can have a significant impact, especially if a prosecution is pursued on an insufficient legal basis. Malicious prosecution is defined as the unjustified beginning or prosecution of criminal proceedings and civil rights actions can be brought by persons when government officials or prosecutors breach a person’s legal safeguards. Factors to consider when reviewing a possible claim include the circumstances of the prosecution, the evidence that was available and the outcome of the criminal case. Your Philadelphia Malicious Prosecution defense lawyer will take a look at the facts of your case and can help you gauge what legal options are available.
What does Malicious Prosecution Mean in Philadelphia?
Typically, malicious prosecution is the improper commencement or prosecution of criminal charges against another person without legal grounds. The elements of a malicious prosecution claim in Pennsylvania include showing that criminal proceedings were conducted, a plaintiff’s innocence in the case resulted in a dismissal of the proceedings, a plaintiff’s innocence was demonstrated by the absence of probable cause, and the defendant had a malicious intent or motive unrelated to bringing the defendant to justice.
Other requirements may apply to federal civil rights claims. The U.S. Court of Appeals for the Third Circuit’s existing model instructions for a Section 1983 claim of malicious prosecution contain five elements: “Some person initiates a criminal proceeding; The proceeding is terminated in a favorable manner; There is no probable cause; There is a malicious purpose or a purpose other than justice; and there is a deprivation of liberty consistent with a seizure.
Most of these requirements are specific, so it is not enough to be arrested or to have criminal charges dropped to prove malicious prosecution. The details of the prosecution, the evidence before the police, and the outcome of the prosecution may all be relevant when considering a possible claim. A Philadelphia malicious prosecution lawyer can review the situation and explain your legal rights.
Common Signs of a Malicious Prosecution Claim
Elements that may be relevant to a possible malicious prosecution claim include probable cause, whether the information was accurate when it was turned over to authorities, the motive for prosecution, and the outcome of the criminal case. However, the facts must be considered carefully, as meeting one factor does not necessarily create a valid claim.
| Lack of Probable Cause
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No sufficient factual basis for criminal proceedings. |
| Inaccurate or misleading information | The information given to authorities may be knowingly false or misleading. |
| Improper Purpose | The prosecution may have been pursued not to bring justice. |
| Favorable Termination | The underlying crime case went well for the person prosecuted. |
| Loss of Liberty
|
For a federal civil rights claim to be viable, there must be a “qualifying deprivation of liberty” caused by the prosecution. |
How Malicious Prosecution Claims Are Pursued
The procedure for filing a malicious prosecution claim varies depending on whether it is filed under Pennsylvania law, federal civil rights law, or another applicable theory of liability. Although some concepts overlap, federal Section 1983 claims and Pennsylvania common-law claims have different requirements.
The first step in reviewing a criminal case could involve analyzing the underlying proceedings, such as the original charges, evidence presented, probable cause determination, and the final disposition of the case. The lawyer can also identify who or what is involved and what claims apply to their actions.
In a civil action, the case could be heard through a complaint and exchange of evidence, pretrial hearings, negotiation, and/or trial. Pennsylvania courts characterize civil litigation as typically consisting of issuing and mailing a complaint, filing an answer, collecting evidence, pretrial motions, and trial (if needed). Malicious prosecution claims have specific legal requirements and timelines, and the sooner the circumstances are reviewed, the more likely there will be evidence relevant to the claim and the available options will be understood.
Frequently Asked Questions
If charges are dropped, does that imply that I was maliciously prosecuted?
Not necessarily. One factor may be a favorable outcome, but other factors, such as lack of probable cause and malice, may also need to be proved.
What is likely to be the basis of a malicious prosecution case in a criminal proceeding?
Probable cause refers to a reasonable basis, based on the circumstances, for believing that the accused person committed the offense.
Yes, a malicious prosecution claim can be made based on false information.
Potentially. Depending on the circumstances, providing false information to the authorities could be relevant to whether a person or entity improperly initiated criminal proceedings.
Can malicious prosecution be a civil rights claim?
Some malicious prosecution claims may be brought under federal civil rights laws, such as 42 U.S.C. In the Third Circuit, you must prove certain elements.
What factors could support a claim of malicious prosecution?
Police reports, charging documents, court records, witness statements, communications, and other documents related to the underlying criminal proceedings may all be relevant evidence.
Can a lawyer assist me with a malicious prosecution action?
These claims have specific legal requirements, and legal representation may not always be needed. lawyer can evaluate the facts and the possible claims and procedures that could be followed.
Conclusion
The legal and personal effects of criminal proceedings can be long-lasting, especially when issues are raised about probable cause, evidence involved, and why the prosecution was initiated. An allegation of malicious prosecution must be examined in light of the underlying criminal charges and the applicable legal standards. People who believe they may have been a victim of an illegal prosecution can learn more about The Zeiger Firm and the legal services it offers in civil rights and malicious prosecution.