Malicious Prosecution

Malicious Prosecution Attorney Chicago IL

Prosecution is the process through which authorities bring criminal charges against an individual. The prosecution must have a foundation of probable cause or reason to believe that they committed crimes in question and be done for purposes of upholding justice. A malicious prosecution exists when there are no grounds for suspicion, unfounded accusations, or being brought without intent to uphold justice.

A victim of malicious prosecution can speak with a Trial attorney and file an action for damages suffered because of the malicious prosecution. Know what you are entitled to if someone has filed criminal charges against you without reason, just to get their own way or out-of-spite? If so, then talk it over with a lawyer at McNamara Legal today!

How Can You Prove Malicious Prosecution?

A malicious prosecution is a bogus allegation that the accuser has brought against an individual for no other reason but to cause him or her distress. For you to win this case, evidence must be presented in several different areas; proving that there was malice with intent and without probable cause. The elements include:

  • Proving the initiator of the prosecution acted in bad faith, or for some outside reason other than seeking justice against an alleged offender.
  • The decision was reached without any solid evidence.
  • The victim's advocate was able to lead the court through a series of compelling arguments, eventually leading them to rule in favor of justice.
  • The initiator of the proceeding acted with malice for his victim.
malicious prosecution

What are the Damages for Malicious Prosecution?

Generally, plaintiffs in malicious prosecution cases seek to recover any expenses they incur because of the malicious persecution. This can extend to attorney’s fees, court filing fees, lost income from time spent in prison or being otherwise unable to work and other compensation. In some cases plaintiffs can receive compensation for the emotional distress withstanding an abuse of justice system which causes damage reputation and future earning potential as well.

Someone suffering from an act of  malicious prosecution needs to act quickly or else the legal process will make it difficult for them. A competent attorney can help a victim of malicious prosecution prove that their rights have been violated and may even be able to get compensation, which is often expensive and hard on them emotionally.

What Should a Victim of Malicious Prosecution Do?

Victims of malicious prosecution face several hurdles in pursing damages for these incidents. The first hurdle is that proving a police officer or government agent did not have probable cause can be difficult and the other difficulty lies with qualified immunity, which shields many law enforcement agencies from legal action by private citizens except under extraordinary circumstances.

Victims need to prove the prosecutor acted outside his scope of authority and committed willful and unreasonable conduct, an act most victims don't even know they could pursue against their perpetrators until it's too late.

What is False Arrest?

It is common for people to get the terms false arrest, false imprisonment and malicious prosecution mixed up. In order to sort out what each term means we'll start with an explanation of how they're different from one another. False arrests happen when someone without authority conducts an arrest on a victim that should not have been arrested in the first place because their case doesn't warrant it or there was no probable cause whatsoever at all like if a person reported something but then recanted before any evidence could be collected.

On the other hand, "false imprisonments" are confined against their will by law enforcement officers who don't feel as though said individual committed a crime worthy of such punishment; however this can only occur through malice which is why these two crimes

When Hiring a Malicious Prosecution Attorney

When searching for a Chicago malicious prosecution attorney, it is important to know, Ana McNamara is well versed malicious prosecutions laws and brings a vast experience helping people resolve legal dispute situations in and out of the courthouse. McNamara Legal is a well known civil litigation attorney providing professional legal services and represents clients with consumer protection issues throughout Cook County, Illinois and has handled various cases at the Richard J. Dailey Center.

Call our office for a free consultation to discuss your malicious prosecution case. We can represent both sides and have a vast array of experience to help you win your case, so call us today at 312-719-7959.

Translate »
Call Now Button