What Is Malicious Prosecution?

A serious legal issue, malicious prosecution arises when someone is wrongfully subjected to criminal charges or a civil lawsuit without proper grounds. Instead, the case is driven by malice or intent to harm.

Across Maryland, malicious prosecution is often tied to police misconduct, where an individual may be wrongfully arrested, charged, or prosecuted due to improper actions by law enforcement officers. To explore the possibility of legal recourse after an injustice, have a conversation with a Baltimore police misconduct lawyer.

Proving Elements of a Malicious Prosecution

In the context of police misconduct, malicious prosecution involves law enforcement officers or prosecutors pursuing criminal charges against someone despite knowing that there is no legitimate basis for the charges. The motivation behind such actions can range from personal vendettas to covering up misconduct or simply exercising power unjustly.

To prove malicious prosecution, the following elements typically need to be established.

• Initiation of legal proceedings. The victim must demonstrate that the legal proceedings (criminal or civil) were initiated against them, typically by law enforcement or a government agency.
• Lack of probable cause. It must be shown that there was no reasonable basis or probable cause to support the charges or lawsuit. This means that the prosecution lacked sufficient evidence to reasonably believe that the person committed the alleged crime.
• Malicious intent. The victim must prove that the actions were motivated by malice, which could involve ill will, spite, or an improper purpose beyond merely seeking justice.
• Finally, the victim must have suffered damages as a result of the malicious prosecution. Forms of damage include financial losses, emotional distress, damage to an individual’s reputation, and other related harms.

If you believe you’ve been a victim of malicious prosecution, it’s essential to seek counsel from an experienced legal professional. These cases can be complex, requiring a thorough investigation and strong evidence to prove wrongdoing.

Real-World Examples of Malicious Prosecution

In Baltimore, there have been several high-profile cases that highlight the issue of malicious prosecution. One such case involved a man who was wrongfully arrested and charged with a crime he did not commit, based on falsified evidence and the testimony of a police officer with a history of misconduct. After the man spent months in jail and endured a lengthy trial, the charges were eventually dismissed due to lack of evidence, and it was revealed that the arresting officer had acted out of malice.

In another case, a Baltimore resident was wrongfully charged with assault after an altercation with police. The charges were based on exaggerated claims by the officers involved, and the case was later dismissed. The victim successfully sued for malicious prosecution with support from a Baltimore police misconduct lawyer, arguing that the charges were filed to cover up the officers’ excessive use of force during the incident.

Were you the victim of malicious prosecution? Taking legal action is a way to seek justice and hold those responsible accountable. The legal team at Iamele & Iamele, LLP is available to help. Contact us to book your confidential appointment.