Malicious Prosecution FAQs: Your Questions Answered

Starting With the Basics

Facing charges that should never have been filed leaves you with questions. You wonder what happened, why it happened, and what you can do now. Those questions are valid, and you deserve real answers in plain language.

Malicious prosecution is a civil claim designed to hold people accountable when they abuse the justice system. It’s not about relitigating guilt or innocence; it’s about calling out baseless cases that never should’ve started. Knowing how the process works can help you decide whether a claim is right for you.

At Horn Wright, LLP, our civil rights attorneys answer these questions every day for clients across New York. If you’ve been caught in a wrongful case, call us at (855) 465-4622 to talk through your options.

What Counts as Malicious Prosecution? 

The definition varies slightly across states, but the core is the same: filing and continuing charges without probable cause, with some element of malice. 

In New York, courts set this framework in Broughton v. State of New York, requiring proof of favorable termination, lack of probable cause, and malice. That mix is echoed in both New Hampshire and Vermont, though case law uses slightly different language.

Favorable termination is crucial. If your case ended in dismissal, acquittal, or withdrawal, the claim may move forward. But if the resolution was a plea or compromise, courts often find the termination insufficient to support a civil suit.

Malice doesn’t need to be open hostility. It can mean personal gain, retaliation, or reckless disregard for whether the accusation was true. Vermont courts have treated reckless motives as enough when paired with harm, while New Hampshire insists on clear evidence of improper purpose.

How Do I Prove a Claim Like This?

Proving malicious prosecution is a step-by-step process. Courts expect more than feelings. They want evidence that shows how the false case unfolded. Here are the main building blocks you’ll need:

• Official documents from the criminal case. Dismissal orders, acquittals, and withdrawn complaints establish that the prosecution ended in your favor. Without this record, your claim may stall. They serve as the foundation for everything else. Having them organized and accessible shows seriousness.
• Evidence of lack of probable cause. Police reports that contradict charges, missing witness credibility, or fabricated statements all help. In New York, Criminal Procedure Law Section 100.40 addresses the sufficiency of accusatory instruments, and weak filings can demonstrate lack of cause. Proving this element shifts liability closer to the defendant. Courts look hard at this point.
• Proof of malice. Emails, text messages, or testimony that reveal spite or retaliation carry weight. In New Hampshire, courts focus heavily on intent, treating it as a separate hurdle. Demonstrating bad motive makes damages more likely. It’s the factor juries react to.
• Evidence of harm. Lost income, therapy costs, and reputational fallout need receipts, records, and personal accounts. Vermont’s courts often recognize community stigma as compensable harm. Showing specific and personal consequences humanizes your case. That’s what transforms abstract wrongs into real numbers.

What Damages Could I Recover? 

Money isn’t the only goal, but it’s the way courts try to measure harm. Settlements and verdicts usually include categories of loss designed to reflect both financial and personal consequences. Every case is different, but the categories overlap.

First, economic losses are recoverable. These include lost wages, missed opportunities, and the costs of defending yourself. Bail, attorney fees, and travel expenses are often added to the mix.

Second, non-economic damages matter. Anxiety, depression, and embarrassment are recognized harms in New York. Some cases may also involve punitive damages, where courts punish the wrongful actor for malicious conduct.

Do Different States Handle These Claims Differently? 

Yes and those differences can change outcomes. Because Horn Wright represents clients across New York and other northeastern states, here’s a quick breakdown of what makes each unique:

• New York. Malicious prosecution claims rest on common law and constitutional protections, including Article I, Section 12 of the state constitution. A notice of claim under General Municipal Law Section 50-e is required if you’re suing a public entity. Missing that 90-day deadline can sink your case. Deadlines and paperwork matter here.
• New Hampshire. RSA 507-B governs municipal liability, including malicious prosecution claims against towns or cities. Courts demand strong proof of both lack of probable cause and malice, beyond negligence. The state also enforces caps on damages against public defendants. Careful strategy is needed to work around limits.
• Vermont. The Vermont Tort Claims Act (12 V.S.A. Section 5601) outlines how to pursue the state itself. Courts emphasize favorable termination and emotional distress damages. Malice can be shown through reckless disregard when it causes serious harm. The approach is more flexible but still demanding.

How Long Do I Have to File a Case?

Statutes of limitations control the timeline for filing. In New York, malicious prosecution claims generally carry a one-year limit, but claims against municipalities also require the 90-day GML Section 50-e notice. That short clock catches people off guard.

In New Hampshire, the general personal injury statute of limitations is three years. Malicious prosecution claims fall under that umbrella, but courts still scrutinize when the clock starts. It usually begins when the underlying criminal case ends in your favor.

Vermont applies a similar three-year limit under 12 V.S.A. Section 512. Like New Hampshire, the countdown starts after favorable termination. Knowing these deadlines keeps your claim alive and stops defendants from escaping on technicalities.

What Happens If My Case Goes to Trial? 

Most claims settle before reaching a jury, but sometimes trial is unavoidable. Here’s what you can expect if your case goes that far:

• Presentation of your story. Your attorney will lay out the false charges, how long they lasted, and how they affected your life. Witnesses, documents, and expert testimony bring that story to life. Trials are about connecting with jurors, not just filing papers. Emotional impact matters.
• Cross-examination of the defendant. The person or agency responsible will have to explain their choices. Inconsistencies, hidden motives, and shaky evidence often surface here. New York allows aggressive cross-examination on motive. That’s where malice comes into focus.
• Jury deliberation. Jurors weigh whether the elements are proven. No probable cause, malice, favorable termination, and harm. If they agree, they decide on damages. Verdicts can sometimes exceed settlement offers significantly. But they also take longer to reach.
• Appeals and post-trial motions. Even after a win, the other side may try to reduce or overturn damages. Strong trial records and careful preparation protect verdicts on appeal. It’s part of why thorough prep from day one matters so much.

Why Should I Work with an Attorney Experienced in Malicious Prosecution?

Malicious prosecution isn’t a cookie-cutter claim. It mixes tort law, constitutional principles, and procedural hurdles. Having a lawyer who’s handled these cases before changes how strong your case looks to defendants and insurers.

Our malicious prosecution attorneys at Horn Wright, LLP, practice across New York, New Hampshire, and Vermont. That means we know the state-specific rules, deadlines, and court tendencies that shape outcomes. Whether it’s a 90-day notice in New York or RSA 507-B in New Hampshire, we don’t let details sink cases.

Experience also changes negotiation leverage. When defendants know you’ve got a team prepared to go to trial, settlement talks tend to shift. That’s why experience isn’t just helpful—it’s strategic.

Get Your Questions Answered Directly

Malicious prosecution tears at your reputation and drains your energy. Asking questions is the first step toward reclaiming what you’ve lost. With the right answers and the right team, you can move from uncertainty to action.

You don’t need to stay stuck in doubt. You can take back control, build a record of what really happened, and demand accountability from those who misused the system. That’s your legal right.

Reach out when you’re ready for answers tailored to your case. Let us arrange your complimentary consultation at one of the most trusted law firms in the country.