Wrongful prosecution, also known as malicious prosecution, happens when a person is charged and prosecuted for a crime they did not commit due to the intentional or negligent actions of the prosecuting party. In the criminal justice legal system, wrongful prosecution can result from a variety of factors, such as misconduct by law enforcement officers, prosecutorial misconduct, or a flawed investigation.
One of the primary factors contributing to wrongful prosecution is the introduction of illegal evidence provided by the police. This can happen when officers obtain evidence through unconstitutional means, such as an unlawful search and seizure or coerced confessions.
Additionally, it may involve the fabrication or tampering of evidence or the deliberate concealment of exculpatory evidence – evidence that may exonerate the accused. Such misconduct can lead to a miscarriage of justice, with innocent individuals being prosecuted and convicted based on false or unreliable evidence.
Key Components of a Malicious Prosecution Claim
To succeed in a malicious prosecution claim, the following elements must be present:
- The defendant must initiate or continue a civil or criminal legal proceeding.
- There must be a lack of reasonable grounds for believing the allegations made in the proceeding.
- The defendant must have a motive other than obtaining a judgment in the proceeding, referred to as “malice” in legal terms.
- The defendant must have lost the original false case they brought against the plaintiff.
- The plaintiff must have suffered damages as a result of the false case brought against them.
What Can I Do If I Have Been Convicted of Crime Because of Wrongful Prosecution?
If you believe you have been wrongfully convicted due to wrongful prosecution, it is crucial to understand the difference between the two terms. Wrongful prosecution refers to the act of being charged and prosecuted in error, while a wrongful conviction occurs when an innocent person is found guilty and convicted of a crime they did not commit.
Both scenarios are grave injustices, but the remedies available to those affected may differ.
In the case of wrongful prosecution, the first step is to speak with a criminal defense attorney who can help you through the legal process. They can review your case and advise you on the appropriate course of action. This may include filing motions to dismiss the charges based on procedural errors or misconduct, seeking a new trial, or filing an appeal.
If you have been wrongfully convicted, your options may include filing a direct appeal, a state habeas corpus petition, or a federal habeas corpus petition. Each of these options has specific requirements and deadlines, making it essential to work with an experienced attorney who can guide you through the process. Additionally, you may be eligible for compensation under state or federal laws that provide relief for those who have been wrongfully convicted.
Examples of Successful Malicious Prosecution Lawsuits
These are some examples of cases where malicious prosecution claims have been successful. For a claim to be successful, all the necessary elements must be present.
While these examples may not cover every element in each case, they serve as a good illustration of what might constitute malicious prosecution in real life:
- In a case where a defendant admitted to not knowing who had stolen their property, the fact that they still had the plaintiff arrested proved malicious intent, resulting in a successful malicious prosecution claim.
- In another case, a defendant filed a criminal affidavit against the plaintiff simply to collect a debt from them. This improper use of the criminal process led to a successful malicious prosecution lawsuit.
- A police officer obtained an arrest warrant for the plaintiff for possession of illegal hypodermic needles but failed to provide all relevant facts. As there was no evidence that the plaintiff was using the needles for illegal purposes, the plaintiff successfully sued for malicious prosecution.
- A bank was sued for malicious prosecution and found guilty after its employees intentionally provided false information to the public prosecutor about the accused’s (now the plaintiff’s) supposed illegal banking activities.
Instances Where Malicious Prosecution Claims Were Unsuccessful
Malicious prosecution claims may fail in the following scenarios:
- If the plaintiff won the initial lawsuit due to a technicality, such as the expiration of the statute of limitations, without establishing their guilt or innocence, their malicious prosecution lawsuit against the defendant may not succeed.
- When an attorney is being sued for malicious prosecution, they cannot be held liable solely on the basis of their belief that the case may not win. The rule is that no reasonable attorney would believe that the case is based on legitimate facts indicating a genuine dispute. In other words, the attorney’s belief that the case has a low probability of winning does not necessarily indicate that the case has absolutely no legitimate reason to win.
- Threatening to file a lawsuit for ulterior motives is not malicious prosecution because no process has been utilized or abused. For example, if a defense attorney threatens a plaintiff in a civil case with criminal charges to compel them to drop the civil case, it does not constitute malicious prosecution.
- Unintentionally omitting or providing inaccurate information to obtain a warrant or affidavit or a law enforcement agency would not lead to a successful malicious prosecution lawsuit. If the defendant believed that they had a valid reason for initiating a civil or criminal proceeding, being wrong about the facts does not necessarily demonstrate an improper motive. However, an improper motive might be established if the defendant does not attempt to obtain accurate information before initiating a civil or criminal proceeding, particularly if there is a valid explanation for the defendant’s ulterior motive.
What Does a Successful Appeal on Wrongful Prosecution Mean?
A successful appeal based on wrongful prosecution can result in a variety of outcomes, depending on the specifics of the case. The appeal process involves presenting your case to a higher court, which reviews the lower court’s decision for errors or misconduct that may have led to your wrongful prosecution.
If the appellate court finds in your favor, they may reverse the conviction, order a new trial, or dismiss the charges altogether. In some cases, the prosecution may choose to retry the case, while in others, they may decide not to pursue the charges further due to insufficient evidence or other factors.
Lack of your own counsel during the initial trial can be dangerous for several reasons. Inadequate legal representation may result in procedural errors, failure to present crucial evidence or a lack of knowledge regarding applicable laws and defenses. These shortcomings can lead to an unfair trial and, ultimately, a wrongful conviction. You need to have competent legal counsel to protect your rights and ensure a fair trial.
Should I Consult a Criminal Defense Attorney When Applying for Appeal?
Yes, if you believe you have been wrongfully prosecuted or convicted, it is crucial to consult with a criminal defense attorney as soon as possible. An experienced attorney can evaluate your case, identify errors or misconduct that may have led to the wrongful prosecution, and guide you through the appeal process. They can also help you gather and present new evidence, file the necessary legal documents, and advocate on your behalf in court.
Navigating the complex legal process of appealing a wrongful prosecution or conviction can be daunting, but a knowledgeable criminal lawyer can be your best ally in seeking justice.
