Danielle A. Pinkston recently helped a client win a $6.4 million dollar award in a case involving malicious prosecution. The client is fighting for justice after spending nearly three years in prison for a crime he did not commit. The case is pending appeal; however, the sizable compensation awarded by the jury indicates that they agreed with the Plaintiff that his prosecution was unjust and he suffered hardships. The team at Pinkston Law Group is continuing to fight for justice in this case and will pursue all reasonable options for holding the offending parties accountable for their actions.
Malicious prosecution happens when one commences or continues an original criminal or civil proceeding; the termination of the proceeding in the plaintiff’s favor; the absence of probable cause for the proceeding; the defendant acts with malice; and the plaintiff suffers damages. Swick v. Liautaud, 169 Ill. 2d 504, 512 (1996).
A malicious prosecution can happen for a variety of reasons. Sometimes people choose to retaliate against another, in spite, or feel pressured close a case and get a conviction at all costs. Whatever the reason, malicious prosecution is a serious problem that steals time, liberty, and resources from innocent people while also damaging our justice system. The Pinkston Law Group is proud to fight these civil rights violations on behalf of our clients throughout Joliet and neighboring communities.
If you and your attorney are able to successfully establish that malicious prosecution occurred in your case, you may be awarded compensation for your losses. These losses are known as damages. It will be up to your attorney to prove in court what the total cost of your damages are.
Some losses are easy to calculate, such as lost wages from time away from work. But the award may also include damages that are more difficult to determine, like the loss of liberty, anguish, humiliation, embarrassment, suffering, other emotional and mental distress, and expenses fighting the charges, to name a few.
Malicious prosecutions can happen to nearly anyone, and they cause immeasurable damage to our justice system. The victims of crime and their families deserve to know that the true guilty party is being punished, and those who are innocent deserve to be free of prosecution.
At Pinkston Law Group, these beliefs have led us to use our considerable legal skills and knowledge to defend people in our local communities against malicious prosecution. If you or a loved one have been prosecuted in a case that was resolved in your favor, you may have a claim for malicious prosecution. Contact our office today to request a consultation and discuss your case.
October 17, 2022
Danielle A. Pinkston recently helped a client win a $6.4…