If you believe that you are being subjected to malicious prosecution, there are steps that you can take to protect yourself. While uncommon and sometimes difficult to prove, malicious prosecution can cause you and your family significant problems. Here’s what you should know about bringing forward a case for prosecutorial conduct and why you need an experienced personal injury attorney to help.

Malicious Prosecution Explained

Malicious prosecution occurs when a defendant is purposely prosecuted for a criminal offense that they didn’t commit or that the prosecutor knows there is no reasonable grounds for. This act is considered an abuse of legal procedure and victims may be able to bring forward a personal injury claim if they’re able to show damages that occurred as a result.

Proving You Were Prosecuted Maliciously

To win a case like this, you must be able to prove malicious prosecution by establishing these elements:

• You were the subject of a criminal proceeding
• The prosecutor did not have reasonable grounds to seek legal action against you, AND that the primary motive was malice
• That a judge resolved the case in your favor
• That you suffered real damages after the action

All of these elements must be present for a plaintiff to successfully obtain compensation for wrongful prosecution.

Types Of Damages You May Receive

Economic damages are the most easily awarded and have a specific monetary value associated with them. This could include the cost of bail and hiring a defense lawyer for a bogus criminal charge. Non-economic damages are more difficult to put a price on and would include intangible losses like psychological distress and damage to your reputation. To calculate the latter, courts would generally consider the grievousness of the charges and what occurred at work and home following your arrest.

Getting Help From An Atlanta Personal Injury Lawyer

It’s important to understand that malicious prosecution is a civil wrong, not a criminal one. This means that you will need to file a civil lawsuit to seek compensation from the person or entity who abused the legal system to cause you harm.

An experienced attorney will be able to evaluate your case and advise you on the best course of action. They can also help you navigate the legal process and ensure that your rights are protected. If you decide to pursue legal action, an attorney can represent you in court and help you recover damages.

Reach out to Appalachian Injury Law today for a consultation to discuss your rights at (706) 515-1995 or toll-free at (800) 393-8595.