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Maverick, Attorney
Category: Legal
Satisfied Customers: 6422
Experience:  20 years experience as a civil trial and appellate lawyer
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How yo track and file a malicious prosecution case, New

Customer Question

How yo track and file a malicious prosecution case
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: New york
JA: Has anything been filed or reported?
Customer: Wife had a nervous breakdown because ads refused to drop case
JA: Anything else you want the lawyer to know before I connect you?
Customer: Almost lost job and numerous lost hours taking care of her in nursing home
Submitted: 1 month ago.
Category: Legal
Expert:  Maverick replied 1 month ago.

Welcome to Just Answer! My name is***** give me a few minutes to review your inquiry. Thank you for your patience.

Expert:  Maverick replied 1 month ago.

In NY, to successfully assert a malicious prosecution claim for a criminal matter, one must establish the following elements:

  • The defendant [district attorney] commenced a criminal proceeding against the plaintiff [your wife],
  • The criminal proceeding was terminated in favor of the plaintiff,
  • The claim lacked probable cause, and
  • The claim was brought out of actual malice

If you feel you can prove each of these elements, your best bet is to locate a local torts lawyer who is willing to take your case on a contingency fee basis. I would not pay a lawyer by the hour to do this. Does this answer your question?

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Expert:  Maverick replied 1 month ago.

Did this answer your question?

Customer: replied 1 month ago.
Can you give me a name? The lawyer you recommend and I would greatly appreciate your help.
Expert:  Maverick replied 1 month ago.

We are not permitted to refer any particular lawyer to you; but this list may help you find one.