Malicious prosecution is the instigation of criminal proceedings by one person against another, maliciously and without probable cause, if those proceedings ended in a manner favorable to the person prosecuted. A person instigates criminal proceedings against another by bringing the criminal charge; or cooperating actively in bringing the criminal charge. Malice exists when the controlling motive for instigating criminal proceedings is any reason except a genuine desire to see justice done, to enforce the law, or to punish the guilty. A person wrongly prosecuted may be entitled to damages will fairly compensates them for damages sustained as a result of the criminal proceeding This may include in part property loss; necessary expenses; insult; pain; mental suffering; and harm to his reputation. In addition, if a defendant acted with actual malice in instigating the criminal proceeding, then award punitive damages may be appropriate to punish the defendant for his actions and to serve as an example to prevent others from acting in a similar way.

Claims for malicious prosecution can present complex legal and factual issues that should be thoroughly considered, investigated, and resolved. Some of the issues to consider include the following.

• Was there a lack of probable cause?

• Were there additional facts that cast doubt on the accused’s guilt?

• Did the accuser allowed the prosecution to continue without disclosing the new information?

• Did the accuser act with malice in instigating the criminal proceedings?

• Would a reasonable and prudent person have acted on the same facts and circumstances?

• How did the facts and circumstances appear at the time of the criminal proceedings?

• Did any involved merchant have probable cause to believe there was shoplifting?

• Were the charges brought on the good faith advice of a lawyer?

• Was the criminal proceeding instigated with malice?

• Was there  hatred, personal spite, or a desire to injure the accused?

If you believe that you, a friend, or loved one are a victim of malicious prosecution, then it is important that do not compromise your legal rights by making statements to the press, insurance investigators, potential defendants, their representatives, or signing a release for personal or medical information. You should first know your rights. Consider the suggestions in our accident guide, and call us immediately for an evaluation of your case. We are here to help. You can call us at (757) 595-8100 seven days a week, 24 hours a day, everyday of the year. We also offer a free legal-infoline service, and you can now contact us on this web site by using our Personal Injury Contact form. We are committed to doing the extra things it takes to help our clients.