Malicious Prosecution Attorneys

When Justice Turns Against You

Being accused of a crime you didn’t commit is more than frustrating. It is devastating. Malicious prosecution happens when someone, often with authority, wrongly uses the legal system to hurt you. It is not just about false accusations. It is about abuse of power, bad intentions, and a system that allows it to happen.

The damage does not stop at the courtroom door. These cases can ruin your finances, destroy your reputation, and leave emotional scars that last for years. At Horn Wright, LLP, we understand how personal this kind of injustice feels. Our attorneys help you reclaim your dignity, seek accountability, and guide you through a legal process that should never have been used against you.

What Malicious Prosecution Is

Malicious prosecution is not just a wrongful arrest or mistaken identity. It is a legal claim you can bring when someone misuses the legal system, bringing charges without solid evidence and with harmful intent.

For a claim to succeed, the law looks at a few main elements:

• Lack of probable cause. The original charges must have been filed without a proper basis. A reasonable person would not have believed the charges were valid.
• Favorable termination. The case against you must have ended in your favor. That can include an acquittal, a dismissal, or dropped charges.
• Malice or improper purpose. There must be evidence that the person behind the prosecution acted with the goal of harming you.

Each state handles these elements differently. In New York, courts closely examine whether the outcome of the previous case shows your innocence. In some New England states, the law may require clearer proof of bad faith or abuse.

Your state’s approach will shape how the case unfolds. What counts as "malice" in one place may not hold up in another. Local legal experience makes a big difference here.

The Damage False Charges Leave Behind

Even if you are cleared, the impact of false charges can last a long time. Malicious prosecution causes real harm that continues long after the case ends.

You might struggle to find work if an arrest record follows you. At home, the accusations can create stress and tension with your family. Emotionally, you may experience anxiety, isolation, or sleep problems. These effects are not minor. They affect your quality of life every day.

You should not have to carry that burden alone. Filing a malicious prosecution claim is one way to take action. It allows you to seek justice and acknowledge the damage done. It can also provide compensation to help you move forward.

Police Misconduct and Malicious Prosecution

Many malicious prosecution cases involve law enforcement. People are arrested with little or no evidence. After charges are filed, clearing your name becomes a struggle.

Police misconduct can take different forms. Officers may detain someone without legal grounds. They may alter or exaggerate facts to support an arrest. Evidence can be fabricated. Witnesses may be pressured into saying things that are not true.

These are not simple errors. They are decisions that lead to serious consequences. When those actions result in criminal charges, malicious prosecution can follow.

Law enforcement officers often have qualified immunity, which can make lawsuits more difficult. But that protection does not apply when rights are clearly violated. If an officer acts far outside the law, they can be held responsible.

These cases may also involve civil rights violations such as false imprisonment, unlawful searches, or excessive force. These claims can support a malicious prosecution lawsuit.

Building and Proving a Claim

Malicious prosecution claims are complex. Courts require proof, not just that something unfair happened, but that it happened with harmful intent and without justification.

You will need to show:

• Lack of probable cause, with documentation or reports that show the original case had no real legal basis
• Malice, through emails, testimony, or behavior that shows intent to cause harm
• Favorable outcome, confirmed through court records that suggest innocence or lack of evidence

You might also have contradictory statements from the prosecution, witnesses who dispute the original claims, or signs that evidence was missing or altered. These details can make a major difference in your case.

The defense will often argue that they had reasonable suspicion. They may claim legal immunity or attack your character. Every detail and every piece of evidence matters.

Filing a Lawsuit: Step-by-Step

You cannot just point to wrongdoing. Malicious prosecution claims have specific requirements. They begin once the original case ends. Time limits apply.

Here is a look at the process:

1. Case review. An attorney examines your prior case, gathers records, and determines whether your situation meets the legal standards.
2. Filing the complaint. This legal document explains what happened, who is responsible, and what damages you seek.
3. Discovery. Both sides exchange evidence and conduct depositions to build the case.
4. Motions. The defense may try to dismiss the case, citing immunity or legal technicalities.
5. Trial or settlement. The case may go to trial or resolve through a negotiated agreement.

Having experienced legal counsel is essential. These cases deal with complex facts and powerful opponents. A skilled legal team improves your chances of success.

Why These Cases Matter

Malicious prosecution cases highlight serious flaws in the justice system. These are not simple mistakes. They are abuses of power that can ruin lives.

When the legal system is used as a weapon, those responsible should be held accountable. That accountability protects others. It shows that legal authority must be used with care and honesty.

Many cities and counties have paid large settlements in these cases. These outcomes help restore public trust. They also send a message that the system must work fairly.

Taking Back Control

If you have been the target of a malicious prosecution, you do not have to stay silent. At Horn Wright, LLP, we help people hold wrongdoers accountable and move forward. Our attorneys know how to take on complex cases and pursue the justice you deserve. L

Contact our offices today and let us help you regain control of your life.