Have you been a victim of a Malicious Prosecution in the Philadelphia Area?
Malicious prosecution takes place when a prosecutor starts litigation against another party with confidence that he or she has a lack of evidence against the defendant, purposely hides evidence that could support the defendant, or acknowledges that the evidence or testimony derives from unlawful or illicit sources.
In some cases, the defendant whom the litigation was brought against may have to suffer a disruptive and drawn-out trial that was not even necessary to begin with. These criminal prosecutions can be very expensive for both sides. In addition, they can severely affect the person who is being prosecuted, both mentally and physically.
If you believe you or someone you love has been a victim of unlawful state action in the Philadelphia area, you need an experienced federal civil rights attorney on your side to represent you at all times. At Hughes Law, Evan Hughes can help you throughout your malicious prosecution case by filing a claim for you and assist you in the healing process for everything you underwent.
Call or contact us online today to learn how we can help you with your malicious prosecution case. We handle federal cases in the Philadelphia area.
Requiring Proof for a Federal Malicious Prosecution
Malicious prosecution claims arise when state or federal prosecutors knowingly and maliciously file charges against a defendant. Often, this occurs when a police officer unlawfully arrests an individual and takes them into custody. Under that circumstance, an individual who was subject to an unlawful arrest and malicious prosecution may be able to recover damages done by the government by filing a civil lawsuit. These lawsuits that violate citizen’s constitutional rights are authorized by 42 U.S.C. Section 1983 and are sometimes called “1983 claims” by attorneys and judges.
Proving a malicious prosecution claim can be demanding.
The individual asserting the malicious prosecution must demonstrate the following:
The state initiated a criminal proceeding
The case was brought with ill-intent
There was not probable cause
The defendant endured damages or injuries due to the criminal action
The proceeding was resolved in favor of the defendant
Philadelphia’s top ranked criminal defense lawyer, Evan Hughes, can aid you in the process of proving your malicious prosecution case, and can make a claim for the monetary compensation that you deserve.
Potential Damages in Federal Malicious Prosecution Cases
The main reasons for filing a claim for malicious prosecution are to pursue justice and seek monetary compensation. To receive the monetary compensation for malicious prosecution, the victim must demonstrate the conditions above.
Individuals filing a malicious prosecution case may be eligible for compensatory damages and punitive damages. Compensatory damages serve the purpose to compensate the victim for loss or injury that the victim experienced. Punitive damages are meant to punish the wrongdoing of the government. Victims may pursue punitive damages against the government. Evan Hughes at Hughes Law will do everything in his power to help you receive the compensation you are entitled to.
Waiving your Right to a Malicious Prosecution Claim
In some cases, an individual may waive their rights to bring a claim for malicious prosecution. If an individual is offered a plea agreement in which the individual pleads guilty or no contest to a criminal charge, they lose their right to file a malicious prosecution claim in the future. Before making the decision to take a plea agreement, the presiding judge will make sure the individual is making an informed and voluntary waiver, and that they understand and are aware of the legal rights that are being waived.
Talk to a Malicious Prosecution Lawyer Today
Nationally-recognized Philadelphia criminal lawyer Evan Hughes can assist you in filing a claim or lawsuit for malicious prosecution to help you get the monetary compensation you deserve. To schedule a free consultation with Hughes Law, call us at (215) 454-6680 or fill out the form online.
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