Malicious Prosecution
Malicious prosecution violates both New Jersey State law and Federal law.
Is This You?
Does This Sound Like You?
- A case was brought against you without probable cause, and it ended in your favor
- Police brought a case against you to cover up their own misconduct
- The case against you was dismissed or thrown out
- You lost money, time or freedom because of a case that never should have been filed
What Is Malicious Prosecution?
A Prosecution Brought Without Cause, and With Malice
Malicious prosecution violates both New Jersey State law and Federal law. It is a claim brought after a case has ended in your favour — the wrong is that the charge should never have been brought at all.
It is one of the civil rights claims Joel Silberman brings against law enforcement, often alongside false arrest and excessive force claims arising from the same incident.
What Must Be Shown
The Elements of a Malicious Prosecution Claim
In order to bring a case for malicious prosecution one must show that:
They were previously prosecuted for a criminal offense
Which was instigated without probable cause
With malice
Pursuant to a valid charging document
Which terminated favorably to the individual
The individual has suffered or incurred damages
All six have to be established. That is why the earlier point — that the case ended in your favour — matters so much: without it there is no claim to bring.
What It Looks Like
An Example of Malicious Prosecution
An example of a malicious prosecution is where the police brutalize an individual and then in an effort to cover up their own criminality charge that individual with resisting arrest or assaulting a police officer when in fact no such activity ever took place.
In that situation the charge is not a mistake — it is the cover. Which is why a malicious prosecution claim so often sits beside an excessive force claim about the same night.
Compensation
What You Can Recover
Damage to your reputation
Harm to your good name, your job and your relationships caused by the case.
Do Not Wait
Deadlines
- Federal civil rights claims under 42 U.S.C. 1983 generally must be filed within two years. For malicious prosecution, the clock generally starts when the case against you ends in your favor.
Speak With Joel Silberman
Have You Been Maliciously Prosecuted?
If you believe that you or a loved one has been maliciously prosecuted, The Law Offices of Joel Silberman, LLC can help you to pursue the justice you deserve. Call us at 201-420-1913 or email us at joel@joelsilbermanlaw.com.