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Malicious Prosecution

Posted on Dec 29, 2016 by in Courts | 0 comments

Malicious prosecution refers to civil and criminal lawsuits that have been filed without probable cause. Victims of such cases may experience unwarranted inconveniences, such as attorney costs, missed time from work, and reputation damages. The fact that all these are caused by baseless accusations make them even more inconvenient.

But why do people file senseless lawsuits against others? There could be a number of reasons, like when they are trying to harass someone, ruin someone’s reputation, or transfer the blame to someone to cover the real guilty party.

Once the charges have been dismissed, you can file a case of malicious prosecution against the accuser. According to an informative article from the website of Clawson & Staubes, LLC: Injury Group, the facts of a malicious prosecution case must satisfy six prongs:

  • Institution or continuation of original judicial proceedings, either civil, criminal
  • Or at the insistence of the defendant
  • Termination of the proceedings in plaintiff’s favor
  • Malice in instituting the proceedings
  • Lack of probable cause
  • Resulting injury and damage

Improper proceedings

It doesn’t matter if the proceeding has been initiated because of a legitimate reason and the accuser thinks he can win a case. If in the middle of the proceeding the accuser discovered a fact that will make it impossible for him to win the case, but still continues to fight the case because of malicious motives, he can be held liable for malicious prosecution.

Reasonable grounds and improper purpose

The accuser should have reasonable grounds in filing the lawsuit, and a reasonable person in their position should also think that the lawsuit is legitimate and actually has a chance of winning. If the case is proven to not have reasonable grounds, it is often assumed to have improper purpose, and the accuser can be called responsible for malicious prosecution.

Favorable termination

If the victim has successfully defended himself from the senseless lawsuit, he can file a malicious prosecution case against the illegitimate accuser.

Malicious prosecution is one of the most inconvenient cases in existence. It is essentially a waste of time and resources to defend yourself from people who are trying to bring you down. But the fact that you can file a malicious prosecution against illegitimate accusers is a good deterrent against illegitimate accusations.

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