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What Is Malicious Prosecution?

| Aug 13, 2013 | Uncategorized |

Malicious prosecution is an action for damages you can bring if you’ve been the subject of baseless prosecution.

Malicious prosecution is a special kind of action that remedies any kind of baseless and malicious litigation or prosecution, whether it is civil or criminal. Malicious prosecution is actually really important: it exists to protect you from any malicious legal action that is initiated without probable cause or for the sake of harassing you.

However, don’t let the straightforward legal definition mislead you – malicious prosecution can actually be pretty difficult to prove in court since it’s really a two-part legal battle. First, you have to defeat the false civil or criminal prosecution. Next, you have to prove that the other party engaged in the original case against you even though there had been either no probable cause or reasonable grounds in that case.

While the other side’s failure to perform due diligence can often be sufficient to prove a lack of probable cause, malicious prosecution lawsuits can still hit a dead-end because law enforcement and government agencies are often entitled to immunity from lawsuits for actions they perform on the job. In other words, malicious prosecution lawsuits are usually easier following malicious civil cases because incriminal cases your lawyer has to conclusively argue that there was police misconduct involved in your original case.

One last thing to remember is that a malicious prosecution suit is not necessarily the answer to your original trial anyway. If you were the victim of, for example, false imprisonment or false evidence, you may be better of suing based on allegations of an unfair trial rather than malicious prosecution.

Malicious prosecution is a legal action that can represent the rare intersection of criminal and civil law – at The Kyle Law Firm, we are highly proficient in both types of law. Whatever your situation, our highly experienced Texas attorneys will always fight to make sure your rights are protected. Contact us online to reserve a free consultation today.