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MALICIOUS PROSECUTIONS

Too often, the justice system is used as a weapon by police and prosecutors. Some prosecutors file charges for political reasons, or to harass and intimidate defendants, or for other reasons that have no legal basis. When they do, you have legal rights, and you should discuss these with an Illinois civil rights attorney

Victims of malicious prosecution have the right to file a lawsuit against the prosecuting agencies that allow this misconduct to happen. Learn more about the elements of a malicious prosecution case and the compensation you could be owed for your losses. 

The Elements of a Malicious Prosecution

A malicious prosecution case is filed against the individual prosecutor who wrongfully fought your criminal case. Because employers are liable for the actions of their employees, the prosecuting agency can also be held liable and is also usually named as a defendant. In order to prove a case for malicious prosecution, your attorney must be able to prove the following: 

  • A criminal case was filed against you by the defendant (or the defendant continued to prosecute charges that were wrongfully filed by someone else, such as a police officer).
  • The criminal case was resolved in your favor. (This means you were not convicted and did not plead guilty to the wrongful charges.)
  • There was no probable cause to file charges or continue to prosecute them. (Even if a grand jury found probable cause to issue an indictment, it can be possible to prove that the prosecutor presented the grand jury with fraudulent or misleading evidence.)
  • The prosecutor’s primary purpose for pursuing the charges against you was malice.

Your Damages in a Malicious Prosecution Claim

Once your attorney has established your malicious prosecution claim, he or she must prove the value of your losses. Some of these losses are tangible and easy to calculate. If, for example, you missed one week of work to appear in court on the bogus charges, you can document the value of these lost wages. Your employer simply needs to provide a statement showing how many hours you missed and what your hourly wage is. You can also document bills related to medical care or mental health treatment that was related to the criminal case. 

Many of your losses are not tangible. What is the value of the damage to your reputation? What is the value of your lost faith in the criminal justice system? What about the pain and suffering you endured while being persecuted by a powerful government agency? These are very real losses, even though it is difficult to place a dollar value on them. Our legal team knows how to prove the value of all the losses you suffer as a result of a malicious prosecution.  

The Right Joliet Civil Rights Lawyer For All Malicious Prosecution Cases

The Pinkston Law Group is experienced in handling all civil rights cases. If you or a loved one has been the victim of a malicious prosecution, you need an attorney on your side as soon as possible. Call (773) 770-4771 or visit our website today to schedule your consultation. 

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