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Loren, Lawyer
Category: Criminal Law
Satisfied Customers: 28519
Experience:  Former administrative hearing officer
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This past year i got charged and arrested. i went through

Customer Question

hello- this past year i got charged and arrested for theft. i went through the court process and in the end i stood up for myself and said these charges are absurd. They had video tape and ayone can obviously see i had nothing to do with the theft. is there anything i can do for malicious police process or malicious prosecution. My first court appearence they had me arrested. My name was published in the local newspaper saying i was arrested for theft. And even though the charge got dropped that incident is still on my public record. please steer me in the right direction on what i should do.
Submitted: 7 months ago.
Category: Criminal Law
Expert:  Loren replied 7 months ago.

Yes, you may have a claim for malicious prosecution. Especially if the tape reveals a lack of probable cause. Here are the elements of the tort of malicious prosecution:

1. There must have been a previous judicial proceeding brought against the victim.

2. The previous proceeding must have brought by the defendant in the malicious prosecution lawsuit.

3. The previous proceeding must have resulted in a judgment or ruling in favor of the defendant in the malicious prosecution lawsuit.

4. There must have been malice in instituting the previous proceeding.

5. There must have been lack of probable cause supporting the former proceeding.

6. There must have been injury or damage resulting to the victim from the former proceedings.

If you wish to proceed with this claim you will need legal representation. You should not proceed pro se. If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys) . Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:

It is a huge worldwide database searchable by location and specialty. The attorneys are all peer rated. So, they represent the top of the profession.