{"id":2902,"date":"2019-08-31T07:42:41","date_gmt":"2019-08-31T07:42:41","guid":{"rendered":"http:\/\/rsconsultingdns.com\/scarritt\/?page_id=2902"},"modified":"2024-08-07T18:56:29","modified_gmt":"2024-08-07T18:56:29","slug":"malicious-prosecution","status":"publish","type":"page","link":"http:\/\/rsconsultingdns.com\/scarritt\/areas-of-practice\/malicious-prosecution\/","title":{"rendered":"Malicious Prosecution"},"content":{"rendered":"

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\n\tMost cases civil or criminal have necessary evidence to support the prosecution of an alleged offender. However some cases can be filed with malicious intent in order to harass, intimidate, and injure the other party. An example could be a prosecutor filing charges against an opponent without enough evidence or a a business trying to create a lawsuit to bring a competitor down. A malicious prosecution lawsuit could result from some of these examples in order for the accused to refute the charges in their original lawsuit and possible receive compensation for their trouble. Malicious prosecution law provides a necessary check and balance system so civilians filing cases and prosecutors choosing those cases do not allow their emotions to affect their motives. A case should be filed with the right intention and cases that contain a favorable outcome for the accuser and not enough evidence to support the claim could result in a malicious prosecution lawsuit.<\/span>\n\t<\/h3>\n<\/blockquote>[vc_row_inner css=”.vc_custom_1447926699772{padding-top: 45px !important;padding-bottom: 25px !important;}”][vc_column_inner width=”1\/2″][vc_column_text]<\/p>\n

Types of Claims<\/h3>\n

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A claim from a malicious prosecution case is called a tort. This is typically a dignitary tort because the original case being pursued could bring injury to human dignity, cause emotional distress, or abuse to the plaintiff. For example, a tort action filed in civil court would be for the purpose of the plaintiff receiving compensation for the harm caused by the original lawsuit.<\/p>\n

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Civil or criminal malicious prosecution cases can occur, the difference between them is the evidence used to support these claims:<\/p>\n

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