Whether it’s a dishonest prosecutor illegitimately suing a corporation or a political rival filing false charges against his counterpart, all these cases fall under the purview of malicious prosecution.
Felonious and civil cases that don’t have adequate or valid evidence are often not pursued by malicious prosecution attorneys. However, sometimes civil lawsuits or criminal charges are maliciously filed to harass, intimidate, defame, or else cause harm for the other party, for which Los Angeles jurisdiction code allows the aggrieved party to deny these charges.
Malicious prosecution, in its entirety, is a specific field of law that requires years of study to thoroughly grasp and apply. However, if you`ve been a victim of the former, rather than going through every subtle detail associates with your case, here`s everything you need to know, in layman`s terms, that`ll help you with your malicious prosecution case in Los Angeles. So, without further ado, let`s get straight to it.
Malicious Prosecution: Simplified
Malicious prosecution usually befalls when one party has intentionally and with malicious intent started unjustified litigation against another party. This contains both civil claims and criminal charges, for which the root of action is basically the same. The core difference between claims grounded on criminal and civil actions relies on evidence collected by malicious prosecution attorneys in Los Angeles.
For instance, mental illness is usually referred to as an element of general damages in a malicious criminal prosecution claim without any particular proof. But the accused person must be able to prove damages for claims based on civil actions.
Most states in the United States, including California, allow retrieval for claims based on civil suits as long as the accuser (the Plaintiff in the case) can prove a lack of probable cause and malicious intent.
In general, any malicious felonious proceeding that lacks probable cause — regardless of whether the accuser was indicted or even tried — may give upsurge to a malicious prosecution claim. Even the malicious issuance of an arrest or search warrant without probable cause may lead to such a claim.
Crucial Elements of Malicious Prosecution in Los Angeles
An effective malicious prosecution claim in Los Angeles typically involves all of the following:
- the offender began or continued a felonious or civil proceeding without realistic grounds to accept the allegations made in it
- the perpetrator had any intent other than only getting a judgment in the legal proceeding, and
- the proceeding has finished in favor of the individual that was being sued or prosecuted.
Let’s elaborate on these elements in more details:
Legal Proceeding Vs Civil Proceeding
A criminal proceeding is where the government can announce punishment to an individual for offenses ranging from homicide to a parking ticket.
On the other hand, a civil proceeding is typically where the accuser is not a governmental entity—although the perpetrator might be—and the claimant is suing for an injunction and/or money damages.
The individual bringing the original lawsuit or prosecution must have probable cause, i.e., a judicious person in their place would think that the legal action was authentic and had high winning chances.
As a rule, if a lack of a probable cause is proved, an unsuitable purpose will be expected. This means that the claimant in a malicious prosecution action does not essentially need to verify that the perpetrator had an inappropriate intention. However, if the suspect can prove that they had an appropriate purpose, the accuser will not win.
For instance, if a perpetrator was only doing what his or her malicious prosecution attorney suggested, even though the lawsuit had no grounded reason, the defendant may not be accountable for malicious prosecution, even though the claimant had mistakenly thought the lawsuit was legitimate.
Lastly, the plaintiff in a malicious prosecution suit must have effectively defended against and won the former illegal lawsuit. Simply put, if a person had to pay damages in a civil case or was found guilty of criminal charges, he or she possibly cannot sue for malicious prosecution based on that felonious or civil legal action.